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HISTORICAL RECORDS
OF
AUSTRALIA.
^
COMMONWEALTH OF AUSTRALIA.
HISTORICAL RECORDS
OF
AUSTRALIA
SERIES I.
GOVERNORS' DESPATCHES TO AND
FROM ENGLAND.
VOLUME XIX.
July, 1837 — January, 1839.
$uMishcb bo :
THE LIBRARY COMMITTEE OF THE COMMONWEALTH PARLIAMENT.
1923.
SYDNEY :
ALFRED JAMES KENT, GOVERNMENT PRINTER.
1923
licifjc ItJancU
L'JCKED
INTRODUCTION
Sir George Gipps.
Sir George Gipps, kt., a major in the royal engineers, was the
ninth captain-general and governor-in-chief of the territory of
New South Wales. He administered the government for eight
years and four and a half months, his term of office being extended
beyond the term of six years established by regulation of the colo-
nial office as the duration of office of a governor.
In the history of the colony of New South Wales, there are
three outstanding periods of transition. The first period was
marked by the inauguration of a partially representative legislature
on the ist of August, 1843; the second by the establishment of
responsible government in 1856; and the third by the alteration
of the status of the colony from that of a self-governing colony to
that of a state in the Commonwealth of Australia in 1901.
The first period, with all its associated difficulties and necessary
adjustments, was entirely within the term of the administration of
Sir George Gipps ; and it was due largely to his energy and ability
that the change was effected without excessive friction. The
dissatisfaction with the nominee council established under the
statute, 9 Geo. IV, c. lxxxiii, had been freely expressed during the
administration of Sir Richard Bourke, and was continued during
the administration of Sir George Gipps until, in the year 1842, the
constitution act, 5 and 6 Vict., c. lxxvi, was passed by the British
parliament. By this act, a legislature of one house consisting of
thirty-six members was constituted. Twelve of these members
were to be nominees of the crown, and twenty-four to be elected
by the people. Of the nominee members, it was provided that not
more than six could hold any office of emolument under the crown
within the colony ; and, of the elective members, that six should
represent the district of Port Phillip and eighteen the rest of the
colony- The qualification for elective members was the possession
of an unencumbered freehold estate of the value of £2,000, or of
72870
vi INTRODUCTION.
an annual value of £100; and for electors of an unencumbered
freehold estate of the value of £200, or of a dwelling-house of the
annual value of £20. Annexed to the constitution act, there were
three schedules. The first schedule provided for the annual pay-
ment of £33,000 for the salaries of the governor, the judges and
the superintendent at Port Phillip, and the administration of
justice; the second for the annual payment of £18,600 for the
salaries of the colonial secretary, the colonial treasurer, the auditor-
general and the clerk of the executive counci- with their depart-
ments, and for pensions ; and the thir J ior the annual payment of
£30,000 for public worship. The constitution of the council, the
limited franchise, and the annual withdrawal of £81,600 from the
ordinary revenue of the colony under the three schedules were the
principal reasons for the dissatisfaction of many colonists with the
constitution act. Although these provisions were entirely without
his personal province, they were probably the principal underlying
reasons which created the constant friction between Sir George
Gipps and the council during the later years of his administration.*
The abolition of the assignment of convicts to settlers in 1841
a;:d the cessation of transportation in 1840 were probably of equal
importance in the progress of the colony with the establishment
of a representative legislature. By the assignment of convicts, the
-colonists had derived the principal supply of labour ; by its aboli-
tion, they had to depend entirely on free labour. By the cessation
of transportation, the annual influx of criminals from the United
Kingdom ceased, and the colony achieved the full status of a free
colony.
During the administration of Sir George Gipps, other important
events occurred. The district of Port Phillip made wonderful pro-
gress, and the problem of the formation of this district into a
separate colony first came into practical politics. In the year 1840,
the present dominion of New Zealand was formally annexed as a
dependency of New South Wales. The annexation imposed addi-
tional labours on the executive government and the council, as
Sir George Gipps forecasted in his opening address to the council
in May, 1840. This forecast was soon realised, when the claims*
of W. C. Wentworth and others to a land monopoly in New Zealand
were brought forward. But the jurisdiction of Sir George Gipps
* See introduction in later volume.
INTRODUCTION. vii
over New Zealand was brief though very important owing to his
virtual settlement of the land question; for, in the year 1841, a
separate colony was established in the islands of New Zealand.
During this period, the towns of Sydney and Melbourne were
incorporated. This action was probably premature ; but the prin-
ciple of local self-government was warmly supported by Sir George
Gipps, and on this subject he had considerable previous experience
during his service on the commission in Canada. The minimum
price for the disposal of crown lands was raised; this policy had
far-reaching effects,* and caused much adverse and unjust criti-
cism of Sir George Gipps, who merely initiated the change by
instructions from the secretary of state. Intimately associated
with this policy, the mania for speculation, followed by the finan-
cial crisis, in the first half of this period must be noted, as it had
far-reaching influence on future development. In the year 1841,
the first public debt was incurred by the issue of debentures to the
value of £65,000, secured on the land revenues, for the payment
of bounties on immigration.
During this period, the geographical knowledge of the colony
was extended by Ludwig Leichhardt during his journey from
Moreton bay to Port Essington ; by Sir Thomas Mitchell during
his attempt to find an overland route to the gulf of Carpentaria;
and by Charles Sturt in central Australia when he discovered
Cooper's creek.
The material progress of the colony is shewn by the following
figures : — In 1838, the population was 97,912 ; in 1845, 181,556. In
1838, the land under cultivation was 92,912 acres ; in 1845, x 63.979
acres. Between the years 1842 and 1845, horses increased from
56,585 to 82,303; horned cattle from 897,219 to 1,348,022; and
sheep from 4,804,946 to 6,202,031. In 1838, the expenditure
exceeded the revenue by £164,102; in 1845, there was a surplus
revenue of £73,918. Prior to the year 1844, the value of the
imports was annually much in excess of that of the exports ; but,
in the year 1844, the value of the exports exceeded that of the
imports by £196,855, and, in the year 1845, by ^322,132.
Whilst such momentous changes took place in the colony, it is
evident that the personality of the man in control had great influ-
ence. The colonists were therefore fortunate that an able and
* Sec introduction in later volume.
viii INTRODUCTION.
experienced administrator in the person of Sir George Gipps held
office as governor. Few reforms can be introduced without opposi-
tion from certain sections ; but Sir George Gipps experienced more
than the usual share of adverse criticism, some of which was pos-
sibly incurred by his own idiosyncracies. The colonial newspapers
on several occasions and one historian were specially drastic in
their comments ; but this criticism was wholly unjust.
Sir George Gipps was recognised by both friends and enemies
as a man of great intellect and superior attainments. He possessed
pronounced originality and had a keen perception of right. He
had great self-reliance and a firmness to act on his own judgment,
and his judgment was seldom at fault ; his self-reliance was
accentuated by the ready avowal of any act of his own, whether
the consequences were favourable or unfavourable. He had almost
a brutal frankness and a biting sarcasm of speech, which were
naturally intolerant to an opponent. His enemies stated that he
was overbearing in demeanour, arbitrary in disposition, and lacking
in finer feelings, and that his manners were rude and repulsive ;
but it can easily be realised how such opinions arose about a man
with his peculiarities of speech. He was pre-eminent as an orator ;
he had a nervous style, tempered with a ready elocution, and ren-
dered forcible by his great powers of sarcasm. His speeches at
the unveiling of the statue of Sir Richard Bourke and on the New
Zealand land question were masterpieces. "When he had deter-
mined that a course of action was sound in principle, he endeav-
oured to secure its consummation whether the time was opportune
or not ; and, in doing so, he may have erred on certain occasions.
His fearlessness in adopting an unpopular but rational policy was
well demonstrated by his policy towards the squatters* during the
last few months of his administration. He governed the colony
successfully with such vigour and determination that, when he
closed his administration in July, 1846, he left the colony as a man
broken in health from the result of his labours.
Sir George Gipps was the eldest son of the Reverend George
Gipps, rector of the parish of Ringwold in the county of Kent,
and was born at Ringwold in the year 1 791. He was educated at
the King's school, Canterbury, and afterwards at the military
academv. Woolwich. He entered the army as a second-lieutenant
* See introduction in later volume.
1NTB0DUCTWX. ix
in the royal engineers on the nth of January, 1809, and attained
the rank of first-lieutenant on the 21st of December in the same
year. In the month of May. 1811, he was ordered to join the
army in the Peninsula. He was present at the siege of Badaioz,
and, on the 25th of March, 181 2, whilst leading one of the columns
of assault on Fort Picurina, he was wounded in the left arm. For
his gallant services at Badajoz, he received special mention in the
despatches of the duke of Wellington. During the years 1813 and
1 8 14. he was attached to the army of Sir John Murray in Catalonia,
and was present at the action at the pass of Biar, at the battle of
Castalla, at the capture of Fort Balaguir (for which service he was
honourably mentioned in the despatches of Sir John Murray), at
the siege of Taragona, and at the blockade of Barcelona. On
the 30th of September, 1814. he attained the rank of second captain
in the royal engineers. In the month of November, 1814, he was
ordered to Flanders, and served with the duke of Wellington's
army in the Netherlands and France until July. 181 7. He was not
present at the battle of Waterloo, as he was detached to put the
fortress at Ostend in a state of defence. After the withdrawal of
the army of occupation from France, he travelled extensively in
Europe on leave. On his return to England, he was employed at
Chatham.
In the month of November, 1824, Gipps was sent to the West
Indies, and did not return to England until the 18th of December,
1829. During this period, he attained the rank of full captain
in the engineers on the 8th of April, 1826. During his service in
the West Indies, he demonstrated great capacity for civil adminis-
tration. He also submitted valuable and important reports on the
system of slavery and the problems of the emancipation of the
slaves.
After his return to England, Gipps served on two successive
commissions, in Ireland and England respectively, which were
appointed to consider the proposed boundaries for constituencies
under the first parliamentary reform and municipal corporation
acts. In the year 1834, he was appointed private secretary to the
earl of Auckland, who was then first lord of the admiralty.
In the year 1835, Sir Robert Peel assumed office as prime min-
ister. At this time, Lower Canada was verging on revolt, and Peel
decided that immediate action was necessary. The earl of Gosford
was appointed governor-general, and a commission of three, the
x INTRODUCTION.
earl of Gosford, the right hon. Sir Charles Grey and George Gipps,
was appointed " for the investigation of grievances affecting
His Majesty's subjects in that colony." The commission, although
it was not wholly successful, had great influence in inculcating the
principles of self-government amongst the colonists. The elaborate
and comprehensive report of the commission was drawn up in a
very able manner by Gipps, and attracted attention to his abilities.
As a result of the commission, resolutions on future Canadian
policy were adopted by a large majority in the house of commons
on the 6th of March, 1837. After the conclusion of the commis-
sion, Gipps travelled in the United States of America and returned
to England in April, 1837. For his services, Gipps received the
honour of knighthood. On the 10th of January, 1837, he attained
also the rank of major in the royal engineers.
In the meantime, Sir Richard Bourke had resigned his commis-
sion as governor-in-chief of New South Wales, and the resignation
was accepted* by lord Glenelg on the 3rd of July, 1837. Sir
George Gipps was selected to succeed Bourke, and his commissionf
was dated 5th October, 1837.
Sir George Gipps sailed from England on the 15th of October,
1837, in the ship Upton Castle. After a tedious passage of one
hundred and thirty-one days, the ship arrived off Port Jackson
in the morning of the 23rd of February following, but was unable
to enter the harbour owing to adverse winds. When it was learnt
that the governor was on board, a steam vessel was sent out, and
Gipps landed at 9 o'clock in the evening. On the following day,
he took the oaths of office and assumed the administration of the
colony.
By the appointment of Sir George Gipps, the colonial office
initiated a change in the professional type of the governor. The
first four governors had been naval officers ; the following four
were military officers, who, apart from their status as governors,
were senior military officers in the colony by virtue of their com-
missions in the army. Sir George Gipps, when he arrived in the
colony, held only the rank of major in the royal engineers, and was
therefore junior in military rank to the successive officers in com-
mand of the military stationed in the colony. In the list of staff
appointments in the annual " army lists," he was described as
* See page 4. f See page 295 ct seq.
INTRODUCTION. xi
" civil governor " in New South Wales, and, although an officer
of the engineers, he was, strictly speaking, the first civilian gov-
ernor of the colony.
By his commission, the territorial jurisdiction of Sir George
Gipps was restricted by the exclusion of the province of South
Australia. This province was withdrawn from the jurisdiction
of Sir Richard Bourke by the statute, 4-5 Win. IV, c. xcv, and, on
the issue of the commission to Sir George Gipps, it was finally
excluded from the jurisdiction of the governors of New South
Wales. Sir George Gipps, by his commission, was deprived of
the right to exercise sovereign naval powers and to provide for the
trial of officers and seamen of the navy. These powers had been
held by his eight predecessors in the government. Otherwise,
Sir George Gipps held the same powers and executive authority
as his two immediate predecessors, until they were modified* by
the promulgation of the constitution act in 1843.
During his administration, Sir George Gipps acted under several
secretaries of state, and he frequently incurred much adverse
criticism by the fulfilment of orders from England. His term of
office expired in February, 1844, but the colonial office valued his
services so highly that the term was extended. This appreciation
of his services was only attained at the cost of his health, and it
is certain that his strenuous labour as governor was the principal
cause of his early death.
During his term of office as governor, Sir George Gipps was
promoted to the rank of lieut. -colonel in the royal engineers on the
23rd of December, 1841.
On the nth of July, 1846, Sir George Gipps embarked at Cir-
cular wharf to proceed on board the merchant vessel Palestine for
his return voyage to England. Prior to his embarkation, he held
a levee at government house, and from thence he proceeded, accom-
panied by the chief justice and colonial secretary, to the wharf
between lines of military. During his embarkation, a salute of
nineteen guns wras fired from Fort Macquarie and a second and
similar salute from H.M. ship Castor. The ship Palestine then
proceeded under her own sail down the harbour accompanied
by the steamer Thistle, which had been engaged to tow her if
necessary.
* Sec introduction in later volume.
xii INTRODUCTION.
Like his outward voyage, the return voyage was long and tedi-
ous, and Sir George Gipps did not land in England until the
20th of November, 1846. During the voyage, the ship ran short
of provisions, whereupon Gipps denied himself many comforts
which he sadly needed in his weak state of health.
After his return to England, Sir George Gipps was offered the
command of the royal engineer department at the Tower hamlets,
which post he accepted. On the 28th of February, 1847, the eve
of his departure from his sister's house at Canterbury to assume
this command, he retired to rest apparently in his usual health ;
but, reclining on a sofa, he suddenly expired at the early age of
fifty-six, the cause of death being heart disease, aggravated by his
strenuous administration in New South Wales. A monument was
subsequently erected to his memory in Canterbury cathedral.
In the year 1830, Sir George Gipps married Elizabeth, the
second daughter of major-general George Ramsay of the royal
engineers, who survived him. He left one son, who afterwards
became Sir Reginald Gipps.
Notes on the details of his administration will be found in the
introductions to succeeding volumes.
FREDK. WATSON.
December, 1923.
DESPATCHES
Historical Records
OF
Australia.
SERIES I.
Sir Richard Boukke to Lord Glenelg.
(Despatch No. 57, per ship Thomas Lowry; acknowledged by
Lord Glenelg, 10th November, 1837.) i ^
My Lord, Government House, 1 July, 1837. i July.
I have the honor to forward herewith a Memorial Transmission of
addressed to Your Lordship by Mr. John Weston, praying to be r$S.from
allowed a free grant of land in this Colony.
The accompanying correspondence between this Government
and Mr. Weston will fully explain the reasons which prevented
my acceding to his application when addressed in the first in-
stance to me. 1 have, &c,
RlCHD. BOURKE.
[Enclosure No. 1.]
The Memorial of John Weston, keeper of His Majesty's Gaol at Memorial of
Sydney, New South Wales. soliciting"
To the Right Honorable Lord Glenelg, His Majesty's Principal land srarit-
Secretary of State for the Colonies, etc., etc.
Most respectfully Shew^eth.
That your Lordship's Memorialist arrived in this Colony in
the month of February, 1827, and immediately afterwards obtained
Government employ, which he has since retained.
That, by the regulations which were then in force, and which
solely induced your Memorialist to Emigrate, he was entitled to
a Grant of Land commensurate with the capital, which he brought
into the Colony ; but he then forbore to apply for it, because to the
applications for Grants of Land made to the Government by its
Officers was invariably returned the answer, " That, so long as they
retained a Government situation, they were not entitled to a
Grant."
That, in consequence of the wreck of the Ship " Letitia " in 1828
at the Island of St. Jago, whilst bound to this Colony, and on board
of which were your Memorialist's wife and family, he incurred a
loss of upwards of £400, and, with the exception of them alone,
who emigrated here solely at his expense, every other Passenger by
that Ship, who arrived either in this Colony or in Van Dieman's
Land, was not only forwarded at the expense of Government, but
Ser. I. Vol. XIX— A
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
1 July.
Memorial of
J. Weston
soliciting
land grant.
Compensation
to passengers
per ship
Letitia.
Refusal of
land grant
to J. Weston.
Reasons for
refusal.
received Grant of Laud and gift of Cattle as a compensation for
their losses by that Shipwreck, as the annexed statement will shew.
That your Memorialist never received a grant of Land nor other
indulgence from the Government, nor any compensation for the
loss which he sustained through the Shipwreck of his Wife and
family, altho', so early as the month of February, 1829, he applied
to the Colonial Government through the Principal Superintendent
of Convicts, in whose Department Memorialist then was, for an
encrease of Salary to relieve him from the embarrassments occa-
sioned by such loss (having been informed by His Excellency Sir
Ralph Darling that his claim for Land for the reason before men-
tioned could not then be entertained ) , but which was refused on the
grounds " that the Establishment and Salaries of the Convict De-
partment were fixed by orders from home and that they could not
again be augmented " ; and he further begs leave to state that, ever
since he had been in the Service of Government, he has earned the
approbation of the Heads of the Department in which he was
employed.
Your Memorialist therefore humbly prays that your Lordship will
be pleased to take into consideration the prospects, which induced
your Memorialist to Emigrate, as well as the losses he sustained
by Shipwreck, together with the period of his Employment under
Government, now Ten Years, and that you will be pleased to direct
that, on your Memorialist's retirement, he may receive a Grant of
Land proportionate to the losses, which he has sustained, and to the
length of his Services in this Colony, as in the case of Mr. George
Miller, late of the Commissariat Department, and many others, and
your Lordship's Memorialist as in duty bound will ever pray.
John Weston.
[Sub-enclosure.]
Statement referred to.
Mr. Richard Popham in the year 1830 received 640 acres of Land
and 4 Bullocks.
Mr. John McNamara received 320 acres of Land, 5 Cows and agri-
cultural Implements.
Mr. John Onge received 640 acres of Land and 4 Oxen.
Mr. William Forster received 1,280 acres of Land and Implements
of Husbandry.
[Enclosure No. 2.]
Colonial Secretary Thomson to Mr. J. Weston.
Colonial Secretary's Office,
Sir, Sydney, 11th January, 1837.
In reply to your Memorial of the 24th ultimo, I am directed
by His Excellency the Governor to inform you that, as there is
no order from the Secretary of State nor promise of a former Gov-
ernor upon which to rest your claim to a free Grant of land, it is not
within His Excellency's power to make it. He apprehends farther
that an application to the Secretary of State will be unsuccessful.
If the Grant be claimed in compensation for losses by the Ship-
wreck your family suffered in coming to this Colony in 1828, it will
be answered that your case ought to have been established at the
time the loss was incurred, and that at the expiration of eight
years it must be considered obsolete.
. If, on the other hand the Grant be claimed as a Government
Officer bringing Capital into the Country, it will be said that you
Reasons for
BOURKE TO GLENELG.
should have made vein- application and gone before the Lands [§37,
Board, where your property would have been registered, and a 1 July,
record made of the Governor's proposing to give yon a Grant on
your retirement from Office. Having railed to do this, and having recfusa].°
raken your present employment since 1st July, L831, when free
Grants were abolished, I lis Excellency thinks your claim will be
held invalid. I am. &c.
Tine Copy: — E. Peas Thomson. E. Deas Thomson.
[Enclosure No. 3.]
Mr. J. Wkston to Colonial Secretary Thomson.
Sir, Sydney, 23rd May, 1837.
On the lira of January last. I had the honor of receiving Letter
a letter from yon regarding my Memorial to His Excellency the acknowledged.
Governor, dated 24th December nit., and informing me that His
Excellency objected to my Claim for a Grant of Land upon two
grounds; 1st. that the plea of Compensation of Loss by the wrreck of
the •' Letitia " was obsolete, and 2nd. that I had not registered my
Capital as a Government Officer Intending to settle, previous to the
period when free Grants were abolished.
To the 1st objection. 1 beg respectfully to reply that, on the claim for
7th February, 1829, being at that time Superintendent of Hyde Park compensation
Barracks, I applied thro' the medium of my superior officer Mr. Hely ^rrJjfsefs \n-
for an enerease of Salary, and for the indulgence of being allowed to ^/a° Slip
draw a part thereof in advance to enable me to meet the extra-
ordinary expenses occasioned by my family's arrival, and in conse-
quence of the loss of even their Wearing by the Wreck of the
Letitia, this boon being refused. I was unfortunately not aware of
any other shape in which the Government could give Compensation.
as I did not know till long afterwards that a Bounty of Land and
Cattle was given to all the other sufferers by the Letitia.
To the 2nd Objection, viz.. that I did not register my Capital Reasons for
oefore free grants were abolished. I beg humbly to represent that delay in
the loss of my Property compelling me to remain in Government ^^rant f°r
employ, and seeing that applications for Grants were unavailing to
occupants of such Situations. I deferred all idea of settling till the
arrival of Capital, which I daily expected, and which would enable
me to resign my appointment and execute my original intention of
benefiting by the bounty held out by the Home Government of a
Grant of Land, and which alone induced me to leave my Native
Country.
This amount of Capital I could not Command within the period
of making Grants : but I respectfully urge that the aggregate of
•circumstances above mentioned, together with Ten Years of faithful
service with the Government, will constitute for me a claim at least
equal to that of Mr. George Miller and others, whose only grounds
of right were an honorable discharge of their public duty.
I trust that the above explanation will induce you to bring my
•case before His. Excellency, whose favorable reconsideration of it
is humbly requested, and that if the indulgence I seek cannot con-
sistently be granted here, His Excellency will forward the enclosed
Memorial to the Right Honorable the Secretary of State for the
Colonies accompanied by such a recommendation from His Excel-
lency as he may deem my case deserves. 1 have, &c,
John Weston.
HISTORICAL RECORDS OF AUSTRALIA.
1837.
2 July.
Receipt of
French
judicial} act.
Error in name
of recipient.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 58, per ship Thomas Dowry.)
My Lord, Government House, 2 July, 1837.
Having complied with the Instruction contained in Your
Lordship's Despatch of the 20th September last, No. 212, by
causing the Document, therewith transmitted from the Consul
General of France, to be delivered to Mr. and Mrs. Pike, I have
the honor to enclose the acknowledgement which has been ob-
tained of its receipt.
In the document received from Your Lordship the name is
spelt " Piake," but the maiden name of Mrs. Pike therein and in
the enclosed receipt mentioned places the identity of the parties
beyond doubt. I have, &c,
Richd. Bourke.
T Enclosure.]
[A copy of this paper is not available.']
3 July.
Despatch
acknowledged.
Acceptance of
resignation of
Sir R. Bourke.
Commendation
of services of
Sir R. Bourke.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 335, per ship James Pattison ; acknowledged by
Sir Richard Bourke, 3rd December, 1837.)
Sir, ■ Downing Street, 3 July, 1837.
I have the honor to acknowledge your dispatch No. 8 of
the 30th Jany. last.
I have received with sincere concern the announcement which
it conveys of your determination to resign the Government of
New South Wales; but, adverting to the decided terms in which
that resolution is expressed, I felt that I had no alternative but
to lay your dispatch before Her Majesty who has commanded me
to state that She accepts your resignation of the Office of Gov-
ernor of New South Wales.
I will make the necessary arrangements for relieving you
from your Command with all practicable expedition, and I trust
that your Successor may reach the Colony by the close of the
present Year.
I cannot let this occasion pass without expressing the high
sense which Her Majesty's Government entertain of the zeal,
energy and enlightened views, which have distinguished your
administration; and it is a matter of sincere regret that the
growing interests of the important Colony of New South Wales
will be deprived of the benefit of your talents and experience.
I have, &c,
Glenelg.
GLENELG TO BOURKE. I
Loud Glenelg to Sib Richard Bourke. 1837.
(Despatch No. .':.■'>•'>. per ship .lames Pattison.)
Sir, Downing- Street, 4 July, 1837.
I have already had the honor of calling your attention to
the expediency of making some provision for the passages of
Schoolmasters to Xew South Wales.
In order to prevent the delay, which would necessarily be in- Allowance for
•curred by waiting a further communication on this subject from for school-0'^
the Colony, I have intimated my readiness to direct an allow- masters,
ance of Sixty pounds to be made to a limited number of School-
masters who have been carefully selected by the Glasgow Educa-
tional Society in communication with the Committee of the
General Assembly of the Church of Scotland on Colonial
Churches, and who, there is every reason to suppose, will prove
well fitted t.» convey elementary instruction to that class who
stand so peculiarly in need of it.
The number is at present limited to sixteen, and they will
proceed in the first instance to New South Wales, when a due
proportion of them will be transferred to Van Diemen's Land.
The allowance for their passages will be paid by the Colonial
Agent in the first instance from the Funds in his hands arising
from the Revenues of Xew South Wales, and a corresponding
repayment will be made by the Government of Van Diemen's
Land on account of the passages of such of these persons as may
be transferred to that Colony.
I enclose for your information a copy of a letter from the Money to be
Secretary to the Glasgow Educational Society enclosing the per- faSSr^to °act
sonal undertaking of Fifteen of these persons, whose names are as school-
thereto attached, to refund the amount advanced for their pas-
sage in the event of their failing to enter on the discharge of the
<luty for which they have been chosen. The name of Mr. Adam
has since been added.
In the event, which however I cannot anticipate, of the Coun-
cil hesitating to vote the Funds necessary for this purpose, you
are authorised to charge the amount on the Funds applicable to
-emigration. I have, &c,
Glenelg.
[Enclosure.]
Mr. D. Stow to .
Glasgow. 26 June. /37.
I have the honor to transmit to the R. Honble. H-M.'s Principal Transmission
Secretary of State for the Colonies the undertaking of the 14 School- of undertaking
masters bound for Australia to refund the Sum advanced to them [^"tVi?001
for outfit and passage money by H.M. Govt, in the case of their
failing to enter on the profession for which they have been chosen;
iis also a request of a * of the Educational Society to
* Blank in original.
HISTORICAL RECORDS OF AUSTRALIA.
1837.
4 July.
Request for
payment of
allowances.
include Mr. Mather Adam among the number of the School-Masters.
Mr. Adam has entered into an undertaking similar to the above
with the Revd. Dr. Burns who has been in correspondence on the
subject with H.M. Govt.
As all these 15 Gentlemen have secured their places for the
Colonics, I have most respectfully to request that you will be
pleased to transmit to me an order for the payment of £60 for each.
being the amount stated in the Communication we have lately hnd
the honour of receiving from you.
Secy
David Stow.
to Glasgow Educ'l Soc.
Undertaking
given by
schoolmasters.
Guarantee by
Rev. J. D.
Lang.
[Sub-enclosure.]
Undertaking by Schoolmasters.
We, whose names are undersigned, having been selected by the
Glasgow Educational Society, with a view to our being recom-
mended to the Rt- Hon. H.M. Principal Secy, of State for the
Colonies as Schoolmasters in connection with the Presbyterian
Church in the Australian Colonies, and having been informed that
H.M. Govt, have been graciously pleased to grant an allowance of
£G0 each as passage money for Schoolmasters emigrating to these
Colonies, do hereby bind and oblige ourselves to act in the capacity
for which we have been thus nominated on our arrival in the-
Colonv, or to refund the sum advanced to us for passage money by
H.M. Govt.
Thos. W. Robinson.
Peter Steel.
John Whitelaw.
Joseph Andrews.
James McEachern.
George Walker.
Malcolm Colquhotjn.
Glasgow. 20 June, 1837.
I hereby guarantee the fulfilment of the engagement hereby entered"
into by the teachers about to emigrate to the Australian Colonies,
in so far as my personal exertions, in co-operation with my
brethren of the Colonial Presbytery, can ensure such fulfilment.
Glasgow. 20 June, 1837. John Dunmore Lang.
Robert MacEachern.
James Henry.
John Goodewin.
Joseph Sprotjl.
Alex. Fraser.
Robert Campbell.
John Balmain.
5 July.
Appointment of
matron and
steward for
female factory.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 337. per ship James Pattison ; acknowledged by
Sir Richard Bourke, 7th November. 1837.)
Sir, Downing Street, 5 July, 1837
With reference to my dispatch No. 311 of the 11th May
last, I have the honor to acquaint you that I have appointed
Mrs. Leach to the office of Matron in the Female Factory at
Parramatta and Mr. John Clapham to act in the capacity of
House Steward. Mr. Clapham's wife, who accompanies him, will
also be employed in instructing the Female Convicts in the-
Factory.
GLENELG TO BOUBKE.
Mrs. Leach is probably already known to you, her late husband 1887.
having, as I am informed, been employed in instructing the con-
victs in Norfolk Island; and, from the high testimonials which }**£* '"
1 have received in her favor and the experience which she has matron;
acquired in the management of female prisoners in this country,
I have no doubt that she will prove well qualified to maintain
the good order and discipline of the Establishment.
Mr. Clapham has been for some years acting in the capacity and of
of Turnkey in the Cold Bath Fields Prison, where he appears sU'wanL
to have performed the duties entrusted to him to the entire satis-
faction of the visiting Magistrates and others under whose
superintendance he acted.
I propose that the responsibility of the charge of the prisoners Duties of
should rest with the Matron, and that Mr. Clapham should have steward.
the general superintendance of the Buildings and the charge of
the stores.
The Establishment will then be as follows : — Establishment
-»»- /-»«--ri\ nioz-w for female
1 Matron (Mrs. Leach) . . . . . . . . £130 factory.
1 House Steward and Storekeeper (Mr. Clapham) 150
3 Turnkeys (Male) at £60 each 180
4 Turnkeys (Female) at £50 each.
1 Clerk
1 Midwife
1 Chaplain
1 Roman Catholic Do.
1 School-mistress (Mrs. Clapham)
200
120
50
50
50
70
£1,000
This arrangement will not involve any addition to the amount
of permanent expenditure sanctioned by my dispatch of the
11th May last. As the Salaries of these newly appointed officers
will not commence until they actually relieve those who are at
present employed in the Factory, I have, writh the concurrence of Allowances for
the Lords Commissioners of the Treasury, directed the Colonial
Agent to issue to them moderate allowances for their outfit and
passage
£100 to Mrs. Leach and £150 to Mr. Clapham and his wife.
As this expenditure will I trust materially tend to the per-
manent improvement of the condition of the Factory, I feel con-
vinced that the Legislative Council will readily vote these allow-
mices- I have, &c,
Glexelo.
HISTORICAL RECORDS OF AUSTRALIA.
1837.
6 July.
Allowance for
passage money
to Lutheran
missionaries.
Inability to
provide
Presbyterian
missionaries
to natives.
Assistance
sought from
Lutheran
church.
Lord Glenelg to Sir Kichard Bourke.
(Despatch No. 338, per ship James Pattison.)
Sir, Downing Street, 6 July, 1837.
I have the honor to transmit to you a copy of a letter
which has been addressed to my Under Secretary by the Revd.
Dr. Lang, soliciting aid from Government in conveying to New
South Wales three German Missionaries of the Lutheran Church
to be employed in a Mission for the Religious instruction of the
aborigines.
Attaching as I do much importance to the object contem-
plated by such a Mission, I have, with the concurrence of the
Lords Commissioners of the Treasury, directed the Colonial
Agent to issue an allowance of £150 to each of the three Mis-
sionaries named by Dr. Lang, on account of their outfit and
passage, in the full assurance that no difficulty will be experienced
in obtaining the sanction of the local Legislature to that expendi-
ture, and on the distinct understanding that the grant of such
assistance is not to be considered as pledging the Government
to contribute in any degree to the future support of the Mission.
I have, &c,
Glenelg.
[Enclosure.]
Revd. J. D. Lang to Sir George Grey.
Sir, London, 12th May, 1837.
With reference to a paragraph of my Letter of the 23rd Janu-
ary last, soliciting information as to whether His Majesty's Gov-
ernment would grant assistance from the Colonial Revenue of New
South Wales for the establishment and maintenance of a Mission
to the aborigines of that Colony, undertaken by the Presbyterian
Church, I have the honor to state that, in consequence of the present
demand for Ministers of that communion for the white population
of the Colony, it has been deemed inexpedient to send out any
Presbyterian Minister at present as a Missionary to the aborigines,
as the probability is that, on his arrival in the Colony, he would be
solicited to become the Pastor of a congregation of Europeans and
be induced to forego his proper work and office as a Missionary to
the heathen.
With the view therefore of ensuring the permanency and success
of a Mission to the Aborigines of New South Wales, to be estab-
lished under the auspices and management of the Colonial Presby-
terian Communion, acting in concert with the Church of Scotland
and the Synod of Ulster, it has been deemed expedient at the outset
to solicit the aid and co-operation of the Evangelical portion of the
Lutheran Church of the Continent ; which you are aware approxi-
mates so closely, in its doctrines, discipline, and forms of worship,
to the Church of Scotland as in certain of the States of Germany,
as in Prussia for example, to coalsce entirely with the reformed or
Presbyterian Communion. I have accordingly been enabled on
GLENELG TO BOURKE. 9
behalf of the Presbyterians of New South Wales and Van Diemen's 1837.
Land, with whose sentiments on this subject I am well acquainted, 6 July.
to engage for the establishment of a Mission to the Aborigines at Lutherans
MoretOD Bay the three following Missionaries of the Lutheran engaged for
Communion, all of whom have expressed their entire willingness to mission to
submit themselves in all matters of discipline, as well as in every- JioreS^bay
thing relating to the genera] management of the proposed Mission,
to the Ecclesiastical jurisdiction of the Colonial Presbyterian
Church, viz. :
Messrs. Christopher Eippes and Gottlob Schreiner, both natives
of the Kingdom of Wirtemberg educated at the Missionary College
in Basle, and to be ordained on the recommendation of the Heads
of that institution by the Revd. 1 >r. Steinkopf and other Lutheran
Ministers in London; also candidate (<»r Licentiate) Schmidt, a
native of Prussia, educated for the Lutheran Church at the
Universities of Halle and Berlin and strongly recommended by the
Etevd. J. Gossner, Pastor of the Bohemian Church and Super-
intendent of an Institution for the education of Missionaries in
Berlin, a Man of apostolic zeal and acknowledged eminence on the
continent of Europe. Together with these Missionaries, it is pro- Assistants
posed also to send out the following persons as Missionary assist- proposed to
ants, to be employed under their superintendence and direction for ll,lsslonanes-
the general purposes of the Mission, viz.. Frederic Franz, Peter
Nigue, Gottfried Hausman, Joachim Holzhaufen, August Rhode,
Ludaire Doge, August Olbrecht, Moritz Schneider, Gottleib Harten-
stein and Gottfried Wagner, all of whom, although originally of the
class of operatives or mechanics, have for a eonsiderable time past
been under training in the Revd. Mr. Gossner's Institution, and are
desirous of being employed in any capacity for the welfare of the
Heathen.
As a Mission to the Aborigines of N. S. Wales established on so Request for
broad a basis holds forth a fair promise of permanence and success, ^ga^money
agreeably to the conditions required by His Majesty's Government ^missionaries.
in your Letter of the 29th January, and as the establishment of that
Mission will necessarily imply a very considerable expense. I beg
most respectfully to request that my Lord Glenelg would be graci-
ously pleased in so far to anticipate any measures for its future
support, which the Colonial Govt, might deem expedient, to grant
an allowance for outfit and passage money for the three regularly
educated missionaries above mentioned, as I have already ascer-
tained that the Religious Public at home will defray the requisite
expense for the whole of the others : it being distinctly under-
stood however, in the event of his Lordship's compliance with this
request, that the allowance of passage money is not to be inter-
preted as a pledge of future support.
As the only Missionary stations at present occupied in the Colony Missionary
are Lake Macquarrie on the Coast about fifty miles Northward of st?ti^n„sh
Sydney. Wellington Valley in the interior, and very recently Port
Philip. I beg most respectfully to submit to your attentive considera-
tion the extreme importance of Moreton Bay as an additional Necessity for
station, as well as of endeavouring, by a comparatively extensive Moreton^ay.
and well directed Missionary agency, to make a strong impression
on the Tribes to the Northward. While the Natives are compara-
tively numerous in the vicinity of Moreton Bay, the frequency of
Shipwrecks on the reefs to the Northward of that settlement is
10
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
6 July.
Necessity for
station at
Moreton bay.
ever and anon exposing the hapless Europeans, who survive these
disasters, to the savage brutality of the Tribes on the Coast ; and
it is only by extending Missionary operations from Moreton Bay as
the point of departure, along the coast to the Northward, that these
Tribes can be subjected to the humanizing influences of Christian
civilization. My own Father and other twelve persons were lost
in a small vessel on the Coast seven years ago, and may possibly be
still alive and in the hands of the savages. But a case of much
more recent occurrence will I trust induce the Bight Honorable the
Secretary of State for the Colonies to grant the need of assistance
towards the establishment of the proposed mission at Moreton
Bay. which I have done myself the honor to solicit. The Stirling
Castle, a vessel in which I made a voyage to the Colony and carried
out several Ministers of Religion and Instructors of Youth, has
recently been wrecked on a reef off the Coast, and the Captain and
first officer and several of the crew barbarously murdered by the
Black Natives to the Northward of that Settlement, after escaping
safely in their Boats to the shore. j have &c ,
John Dunmore Lang.
7 July.
Correspondence
re salaries of
chaplains.
Lord Glenelg to Sir Kichard Bourke.
(Despatch No. 339, per ship James Pattison.)
Sir, Downing- Street, 7 July, 1837.
I transmit to you herewith, for your information and
guidance, copies of a correspondence which has passed between
my Under Secretary and the Secretary to the Society for the-
Propagation of the Gospel, relative to the period at which the
Clergymen, who are about to proceed to Australia, will com-
mence to receive their Salary. j have &c.
Glenelg.
Sir,
[Enclosure No. 1.]
Kevd. A. M. Campbell to Sir George Grey.
Trafalgar Square, 5 July. 1837.
The Secretary for the Propagation of the Gospel will be
much obliged to you if you will inform them from what date the
Salaries of the Clergymen about to proceed as Chaplains to New
South Wales will be paid. j have &c.
A. M. Campbell.
[Enclosure No. 2.]
Sir George Grey to Eevd. A. M. Campbell.
Sir, Downing Street, July, 1837.
Date of Having laid before Ld. Glenelg your letter of the 5th Inst.,
commencement i am directed to acquaint you in reply that Ld. Glenelg apprehends
ofder"vS under the recent arrangement that the Salaries of the Clergymen
about to proceed to Australia will commence on their entering on
the discharge of their duties in the Colonies. x haye &c
Geo. Grey.
BOURKU TO GLENELG. 11
Sir Richard Bourke to Loud Glenelg. 1S37.
7 July.
(Despatch No. 59, per ship Thomas Lowry; acknowledged by
lord Glenelg, 28th March, 1S3S.)
My Lord, Government House, 7 July, 1837.
In my Despatch of the 10 April last, No. 19, I informed
Your Lordship of the measures which had up to that time been
adopted by this Government in consequence of the arrival of
the Emigrant Ship " Lady Macnaghten " with a contagious fever
Oil hoard, and stating my intention to cause enquiry into the Transmission of
origin and progress of the malady as soon as the necessary wit- ^aOiitiLtSy1
nesses should be released from Quarantine. I have now the Macnaghten.
honor to submit for your Lordship's perusal the Report of the
Board appointed for the purpose, together with the Evidence
taken before them, and a Copy of the Letter appointing them
and denning the objects of their enquiry.
It will be useless to give here any abstract of the Report, which
is itself an abstract of the Evidence. I will therefore confine
myself to requesting your Lordship's particular attention to the
conclusion in which the prevalence of disease is attributed by Causes of
the Board to the concurrence of four causes, vizt. : of" fever?
1. Want of Naval Experience in the Surgeon.
2. Excess of Cargo. In this particular, your Lordship will
find, as in the previous case of the Duchess of Northumberland,
a melancholy instance of public interests sacrificed to the cupidity
of an Individual, and a fresh proof of the impolicy of leaving
arrangements of this nature in the hands of any one whose
particular advantage is opposed to that of the Emigrants.
3. A neglect in the Examination of the passengers by com-
petent medical officers, before admission on board, with the
view of excluding any existing contagious disease.
and 4. An insufficient supply of Medicines and Medical com-
forts.
I am happy to be able to inform your Lordship that no death
has occurred among the Emigrants since my last Report. None Disposal of
now remain at the charge of the Government, and those, who
engaged themselves under the directions of the local Committee,
found a ready demand for their services at high wages.
I ought not to conclude this Despatch without adverting to the Expenditure on
Expences incurred on account of the Quarantine, amounting to ship' Tady60
about £5,000. I shall have occasion to enter more into detail Macnwhtcn-
respecting them in another communication; but, though a trifling
consideration when compared with loss of life, I cannot avoid
observing that these are heavy charges upon the fund set apart
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
7 July.
for the encouragement of Emigration to these Colonies and are
mainly attributable to the mismanagement (to give it no harsher
term) of the agents employed in superintending the outfit and
embarkation of the Emigrants. I have, &c.,
RlCHD. BOURKE.
[Enclosure.]
Report of the Board appointed by His Excellency Sir Richard
Bourke to Inquire into, and Report on, the causes which have
occasioned so great a loss of human life among the Emigrants
embarked at Cork in November, 1836, in the Ship " Lady
Macnaghten," which arrived in the Port of Sydney on the
26th of February last, and was placed in Quarantine in conse-
quence of the highly contagious Fever then prevailing on board ;
And Also to Inquire into, and Report on, Certain Complaints,
publicly made by several of the Passengers by that Ship, of the
Treatment experienced by them during the Voyage.
The Board have the honor to Report, for the information of His
Excellency the Governor that, having proceeded to inquire into the
matters submitted for their investigation, as detailed in the Colonial
Secretary's Letter dated 17th April last, a Copy of which will be
found in the Appendix to this Report, they have • Examined Alex-
ander Aberdeen, Farquhar Aberdeen, Jeremiah Ledsam, Edward
Mullins, John Smith, Daniel Kennedy, Roger Meehan, Jane Ladd,
Sarah Bennett, Hannah Kane, and Margaret Donovan, Steerage
Passengers by the " Lady Macnaghten," Henry Bingham and Henry
Price, Cabin Pasengers, and Charles Bolton, an intermediate Cabin
Passenger ; Also, George Hustwick, Master of that Vessel, Andrew
Cummings, third Mate, and John Bowler, Esqr., Assistant Surgeon
of His Majesty's Ship " Rattlesnake," sent by Captain Hobson,
Commander of that Vessel, on board the " Lady Macnaghten " on
the 23rd of February last, on his falling in with her at Sea off the
Coast of New South Wales, and learning that her Surgeon was ill,
and that extensive Sickness prevailed on board. Copies of the
respective Statements of the Persons above named, who have been
Examined on Oath, duly administered to them by Charles Windeyer,
Esqr., Second Police Magistrate of Sydney, one of the Members of
the Board, are appended to this Report, to which are also annexed
Copies of the following documents.
1st. The Charter Party of the Ship " Lady Macnaghten " between
Mr. John Marshall affreighter, and Mr. George Hustwick. managing
Owner and Master of that Vessel, dated 1st August, 1S36.
2. Instructions to the Surgeon Superintendent. J. A. Hawkins.
Esqr., from the Emigration Committee, dated at Downing Street,
31st October, 1836, signed by J. A. Pinnock, Esqr., along with an
accompanying Letter from Mr. Pinnock to Mr. Hawkins, dated at
Cork, 3rd November. 1836.
3. A Certificate by Mr. George Hustwick, Master of the Lady
Macnaghten, of the quantity and particulars of the Stores. Medical
comforts, and supplies, put on board that Vessel for the use of the
Emigrants by Mr. John Marshall, dated at Cork, 1st November,
1836.
4. A List of the Male's Berths, shewing their sizes, and the
names of the Individuals to whom they were allotted, furnished to
Mr. Hawkins by Lieutenant Friend, at Cork.
5. A similar List of the Female's Berths.
BOURKE TO GLENELG. 13
<;. The journal of the late Surgeon Superintendent, Mr. Hawkins, 1837.
commencing 2nd November, 1836, and ending -1st February, 1837, 7 Jul-V-
produced by the Master. Mr. Hustwick, and sworn to by him, to be Reportby
•■ in the Surgeon's own handwriting." board re"
7. A List of the Bedding put on board by Mr. Marshall for the J^rr^of
ns,- ,.r the Emigrants. compSntsbj
8. An Abstract shewing the entire Quantities of Provisions and passengers on
Medical Comforts, put on board the Lady Macnaghten for the use ^ipLa<?^
of the Emigrants by Mr. Marshall, the quantities issued in each Macna9'lten-
week, from the 14th October, L836, to the 28th of February, 1*37,
including Also some small issues up to the 11th of March, And the
quantities remaining unused on the Ship's arrival in Tort Jackson,
and the commencement of the furnishing the Supplies for the use
of the Emigrants by the Colonial Government.
p. A Copy of the Daily Issue-Book of Provisions during the same
period, kept by the third Mate, and Certified by Mr. Bustwick as
being a true Copy of the Original Book.
10. A Similar Copy of the Daily Issue-Book of Medical Comforts.
11. Scheme of victualling for Emigrants on the Voyage from
London to the Australian Colonies: a printed Paper signed "John
Marshall."
12. Statement of a claim made by Daniel Kennedy, one of the
Passengers, against the Chief Officer of the Lady Macnaghten for
the value of a Box and its contents, which he alleges he was not
allowed to take on hoard the Ship, when embarking, but obliged to
leave in the Steamer.
13. A List of the Emigrants. Passengers by the Lady Macnaghten,
signed by Dr. Charles Inches, and made by him with the assistance
of Jeremiah Ledsam, who acted as School Master on board, while
residing at the Quarantine Station, in compliance with the request
of the Colonial Secretary; shewing the number of Emigrants on
hoard when the Ship sailed from Cork to have been Four hundred
and twelve.
14. Letter from Doctor Alick Osborne to the Colonial Secretary,
dated at Cork. 2nd November. 183G.
15. Letter from Assistant Surgeon John William Bowler, of His
Majesty's Ship Rattlesnake to the Colonial Secretary, dated on
hoard the Lady Macnaghten, 26th February. 1837.
16. Joint Letter from Assistant Surgeons Bowler and Stuart to
the Colonial Secretary, dated 28th February, 1837.
17. Letter from Jeremiah Ledsam to the Minister of the Inde-
pendent Chapel, in Sydney, dated 6th March, 1837.
18. Letter from Assistant Surgeon Bowler to the Colonial Secre-
tary, dated 13th March, 1837.
19. Letter from Doctor Charles Inches to the Colonial Secretary,
dated 13th March, 1837.
20. The Sydney Monitor, dated 20th March. 1837. containing a
letter* addressed to the Editor of that Paper, complaining of ill
treatment by Alexander Aberdeen. James O'Connell. and Eight
other Passengers.
The Board having deliberately considered the several documents Finding?
above enumerated, and the Evidence given by the Witnesses by board,
examined, with reference to the various points submitted for their
consideration and report, are of opinion as follows, viz. : —
1st- In respect to the condition of the Vessel and the sufficiency
of her equipment at the time of sailing. It appears in Evidence that
* Note 1.
14
HISTORICAL RECORDS OF AUSTRALIA
L837.
7 July.
Report by
board re
outbreak of
fever and
complaints by
passengers on
ship Lady
Macnaghten.
Arrangement
of berths.
the Lady Macnaghten sailed from Cork on the 5th of November.
1836, and arrived in Port Jackson on the 2Gth of Feln-nary last, per-
forming the passage in one hundred and thirteen days; and, there
being nothing on record to shew to the contrary, the Board arc of
opinion that there is no reason to doubt her good condition, and the
sufficiency of her equipments, but on the contrary; and some of the
Members of the Board, who have examined this Vessel, consider
her as being a very superior one of her class, and remarkably well
suited for the conveyance of Emigrants.
2. The height between the Upper Deck and the Under Deck, or
Platform as it is called in the recent Act of Parliament regulating
the Carriage of Passengers in Merchant Vessels. 5 and 6 Gul. IV,
Cap. 53, has been stated by several Witnesses to be above six feet,
and sufficient for a Man to walk upright easily.
There were two Tiers of Berths, which is in accordance with the
provisions of the Act. They are represented to have been fitted up
under the directions of Mr. Marshall. Captain Hustwick states
that he thinks the space left between the floors of the lower Berths
and the Under Deck, or Platform did not exceed three inches in-
stead of six. as required by the Act, in consequence of which and of
the floors being nailed down and immoveable, the deck below them
could not be properly cleaned, and there was a great accumulation
of filth, until, on the suggestion of the Master to the Surgeon Super-
intendent as shewn by his Journal, they were cut and made move-
able by the Ship's Carpenter about the latter end of December.
The number of Berths in the Male's Apartment, as shewn by the
Berth List, was fifty, which, if all had been of the size intended for
two Adults, that is to say, six feet by three feet, would have been
sufficient to accommodate one hundred Adult Men. On reference
to the Berth List, it will be perceived that some of the Berths were
of a larger size, and some of a smaller, so that, even if the allotted
spate for two individuals is deemed sufficiently large, which the
Board are inclined to think it hardly is. it is probable the Berths
were too much crowded by the individuals to whom they were
allotted, consisting of Seventy eight Adult Men, Thirty eight Boys
under fourteen and above seven years of Age. and Six Boys under
seven years, who were entitled to the space sufficient for the
Accommodation of Ninety nine Adults, calculating the Thirty eight
elder Boys as equal to nineteen Adults, and the six younger Boys
as equal to two Men, which is in accordance with the provisions
of the Act of Parliament. The number of Berths in the Female's
Apartment was one hundred and twelve, of which six were required
for the Hospital, and Fight were below the Average size and Suit-
able only for one Adult and one Child ; these and the ninety-eight
full sized or double Berths were adapted for the accommodation
of Two hundred and four adult Females, allowing them as much
room as Males, which appears to be intended by the Act; the num-
ber to be provided for were One hundred and forty five Adult
Women, Forty Girls under fourteen and above seven years of Age,
who, calculated according to the Act. required accommodation for
One hundred and ninety seven Adults.
The general size of the Berths is shewn by the Lists of them to
have been six feet by three feet for the use of two Adults, or an
Adult and two Children ; some of the Berths were larger, and an
Additional Child was put into these, where necessary, in order to
keep the families together. Several of the Persons examined have
30UEKE TO GLENELG. 15
stated that they considered the Ship as too much crowded: and. 1837.
taking into consideration the large proportion of very young Chii- 7 July,
dren, who. to permit of proper attention to that cleanliness which Reportby
is absolutely necessary for the preservation of their health, require board re
nearly as much room as Adults, the Board are of opinion that, even outbreak of
If proper regulations had been established and attended to for the £0mplaintsb>
preservation of Order, cleanliness and ventilation, the number of passengers on
Emigrants on hoard would have been greater than could he com- ibipLady
fortably accommodated without being too much crowded. It may Uacnaghten.
here, for the sake of connexion, he mentioned, although more Excessin
properly in answer to the seventh Question, that the number of p^en^ers.
Persons shipped on board the Lady Macnaghten rather exceeded
the number of three persons for every live Tons of her Regi stored
Burthen, including her .Master and Crew, as prescribed by the Act
of Parliament. Her Registered Burthen, as stated in the Charter
Party and in the Master's Evidence to he Five hundred and fifty
eight Tons, which, at the rate of three Persons for every Five Tons,
would give three hundred and thirty four Adult persons, as the
number she is entitled to carry. The Total number of Emigrant
Passengers embarked on hoard the Lady Macnaghten is shewn, hy
the List above referred to. to have been Four hundred and twelve,
which, calculated according to the Rules of the Act of Parliament.
gives the number of Adult Passengers as Three hundred and
four 304
exclusive of the Surgeon Superintendent and Mrs- Hustwick.
the Wife of the Master 2
And also of the Crew, the number of whom is stated hy the
Master to be Thirty 30
Making the Total Number of Adult Persons on board
Three hundred and thirty six 336
which exceeds the number allowed by the Act by two Persons. It
is proper to mention however, that in the year 1835 the same Vesse?
brought out three hundred Male Convicts, exclusive of the Military
Guard and Crew;* but among these, there were very few young
Children. And the Board remain of the opinion, previously ex-
pressed, that the number of Emigrants embarked, considering the
number of very young Children and other circumstances above
mentioned, was too great, even if proper regulations had been estab-
lished and enforced.
The crowded state of the Ship should have induced the most
scrupulous attention to every possible means of ventilation ; but it
has been stated by many of the persons examined that the free want cf
circulation of air was not only greatly obstructed by a Lattice work ventilation.
round each of the Hatchways from the Upper to the Under deck,
but also that none of the Side Ports of the Ship were ever opened
during the whole Voyage, although the P>ulls-eyes in them occa-
sionally were so. It also appears in Evidence that the Hatchway
Ladders, as well as many parts of the Workmanship of the Berths,
were much too slight and of insufficient workmanship.
3. In answer to the inquiry respecting the quantity and quality
of the Provisions, and the Scale of Ration actually issued, it may Quantity and
be answered that there are no complaints of any deficiency of Pro- quality of
visions, except for the first three weeks, when, partly from the JJ^sade8
want of Order and proper regulation of the Messes, and partly from of ration.
* Marginal note. — The number of Convicts, Guard and Crew were, it is believed,
.as follows: — Convicts, 300; Guard, 49; Crew, 37 — 386.
HISTORICAL RECORDS OF AUSTRALIA.
in;:.
7 July.
Report by
board re
outbreak of
fever and
complaints by
passengers on
ship Lady
Macnaghten.
Quantity and
quality of
provisions
and scale
of ration.
a deficient issue of Potatoes, there appears to have been sufficient
cause of complaint. After that time, the supply of the principal
Articles is admitted to have been adequate to the wants of the
Emigrants, and in general of good quality, although a bad Cask of
Biscuit or Flour was occasionally brought out ; but these were gener-
ally exchanged for good ones by the Captain's Order except on one
occasion, when, it is said, a Cask of bad Flour was not so exchanged.
In regard to the Scale of Rations actually issued, it appears in
Evidence that a Printed Scale, signed by Mr. Marshall, was fur-
nished to several of the Emigrants, as containing the Rules by
which the issues would be made. One of these Printed Scales has
been produced by Mr. Henry Bingham, a Cabin Passenger, and a
Copy of it will be found in the Appendix. No correct List of the
Emigrants embarked appears to have been furnished either to
Dr. Hawkins or Captain Hustwick ; at any rate none such has
been found or produced.
By a List made out by Dr. Inches, while in charge of the Emi-
grants when under Quarantine, with the assistance of Jeremiah
Ledsam, one of the Passengers, who acted as School Master on
board, it appears that the total number of Emigrants, who embarked
on board the Lady Macnaghten, was four hundred and twelve. This
number is exclusive of the Surgeon Superintendent, Mrs. Hustwick.
Wife of the Master, and the Master and Crew. A Copy of this
List will be found in the Appendix.
The Printed Scale, above referred to. differs from the Act of
Parliament in respect to the age at which Persons are to be
esteemed Adults ; the Act appointing persons of fourteen years and
upwards to be so considered, the Printed Scale persons of fifteen
years and upwards. By the Act also, two Children of the Age
of from seven to fourteen years and three Children of the age of
from one to seven years are considered as equal to one Adult, but
the Printed Scale allows two-thirds of an Adult's ration to a Child*
of the Age of from one to seven years. Adopting the Printed Scale
as the proper rule on this occasion in respect to the issue of Pro-
visions, and taking the Ages of the Emigrants from the List pre-
pared by Doctor Inches above referred to, they may be classed as
follows, viz. :— No of No of
Adult men, of the Age of fifteen years and upwards, entitled to full Males. Rations.
rations 72 7 2
Boys, under fifteen and above seven, entitled to two-thirds of a man's
ration 47 31;'
Boys, under Seven, entitled to half a man's ration 6 3
125 106
No. of
No. of Men's
Adult Women, of the Age of fifteen years and Females. Rations,
upwards, entitled to two thirds of a Man's
ration in respect to Bread ; some variation
as to other Articles 144 96
Girls, under fifteen and above seven, entitled to
two thirds of a Woman's ration 44 20
Girls, under Seven including also Some very young
Male Infants, entitled to half a Woman's
ration 99 34
■ ■ 287 150
287 150
412 256A
* Marginal note. — of the age of from seven to fifteen years, one half of an adult's
ration to a child.
ROURKE TO GLENELG. 17
The Total Dumber of Emigrants, Four hundred and twelve being 1837.
entitled according to the Printed Scale to receive daily Two hundred 7 July-
and fifty six Men's rations and one third of a Ration. Report by
On reference to the Evidence of Edward Mullins (who per- board re
formed the duly of Serving out the rations to the Emigrants during ^erlnd
the whole voyage, assisted by Roger Median), it appears that the complaints by
Dumber of Rations issued to the Emigrants daily was thirty six passengers on
Messes of eight persons, equal to two hundred and eighty eight ^cnalfhten
rations, which are thirty two more than they were strictly entitled (\uantitv and
to: and this liberal calculation by Messes is borne out by the Rook quality of
of daily issues of Provisions, where it appears that, while they provisions
lasted, the daily issue of Potatoes was with some exceptions four Jfratioif
hundred and thirty two pounds, equal to one hundred and forty
four pounds of Bread, which, with one hundred and fifty two pounds
of Bread, the quantity usually issued daily along with the Potatoes,
gives two hundred and ninety six rations of Rread and Potatoes.
With respect to the issue of Potatoes, however, the Roard are
of opinion that the quantity of them shipped for the use of the
Emigrants on this occasion was very greatly too large; They occu-
pied a great portion of the Ship's Hold, to the exclusion of the
Emigrants' luggage, which was consequently stowed " Retween
decks." obstructing ventilation and causing accumulations of filth,
to which may be attributed many of the evil consequences which
have ensued. The Roard think that Potatoes should never form
a part of the daily ration, or. if at all allowed, should be so only
occasionally. On this occasion, the use of them was continued
daily for about half the duration of the Voyage, until they became
unfit to he used, to the exclusion of about one fourth of the ration
of Rread and the whole ration of Flour.
The Ration of Reef to be served daily agreeably to the Printed
Scale, particularly that appointed for the Men, two thirds of a
pound, appears to the Roard to be small, and that it should be in-
creased to at least three quarters of a pound; but, in accordance
with that Scale and Doctor Inches' List, the quantity, to which
the Emigrants were entitled daily, was one hundred and eighty
four pounds of Reef, instead of which the usual Actual issue was
only one hundred and sixty eight pounds. The quantity of Pork,
to which they were entitled daily, was One hundred and Seventy
two pounds ; the usual actual issue was one hundred and fifty six
pounds. It is possible, however, and even probable, that differences
in the Statements made to Mr. Hawkins and Dr. Inches of the Ages
of the Children cause these discrepancies.
It is admitted by all the persons examined that, after the first
two or three weeks, there was no reason to complain of any
deficiency of Provisions, and that the quality of them was in
general good. The Roard therefore consider it unnecessary to
enter into minute details of the various items, having satisfied
themselves by calculation that there wrere no materially deficient
issues of any of the articles. The Quantity of bread or bread stuffs
required for the voyage calculated according to the rules of the
Act. was (51.408 lbs.) Fifty one thousand, four hundred and eight
Pounds, which quantity and rather more was actually shipped as
noted on the margin.*
* Marginal note. — 12 Tons Bread = 26,880 lbs.; 100 Barrels Flour=20,000 lbs.;
60 Bushels Meal = l,860 lbs. — 48,740. 25 Tons Potatoes Weight in lbs. 56,000 equal,
at the rate of 7 lbs. Potatoes for 1 lb. of Bread, to 8,000—56,740 lbs.
Ser. I. Vol. XIX— B
18
HISTORICAL RECORDS OF AUSTRALIA.
1837.
7 July.
Report by
board re
outbreak of
fever and
complaints by
passengers on
ship Lady
Macnaghten.
Supply of
water.
Supply of
medicines and
medical
comforts.
Quantity
of cargo
shipped.
4. Iii respect to the Sufficiency of the Supply of Water, taking
into consideration the additional quantity required for washing in
consequence of the number of Females and Children, it appears by
the Charter Party that the Managing Owner (and Master of the
Vessel) Mr. George Hustwick undertook to provide and have on
board one hundred and fifty old Tuns (equal to Thirty seven Thou-
sand eight hundred Gallons) of filtered Water; and the List of
Stores produced shews that this quantity was received on board.
The number of Adult Passengers, Calculated according to the rules
of the Act of Parliament, was shewn before to be three hundred and
six, for whom, according to the terms of the Act, water must be pro
vided (over and above the quantity necessary for the Crew) at the
rate of five Gallons per Week for each Adult Passenger for twenty
four Weeks, which gives, as the quantity required. Thirty six Thou-
sand seven hundred and twenty Gallons (36.720 Gallons). No
provision of fresh Water for Washing is mentioned either in the
Act of Parliament or in the Charter Party, nor does it appear to
have been contemplated. No complaints of any deficiency of water
have been made. Indeed some of the Emigrants say that they
were able occasionally to save a little for washing out of their
Allowance.
5. That the Supply both of Medicines and of Medical comforts
was very inadequate is stated by all the Persons examined, and is
admitted by the late Surgeon Mr. Hawkins in various parts of his
Journal So early as the Sixth of December; only one Month after
sailing, he mentions that " the Castor Oil is exhausted," And that
four times the usual quantity ought to have been laid in on a
voyage with so many Females and Children. He also acknowledges
his obligations to Captain Hustwick for supplying him from his
private Stock, and speaks in very high terms of the conduct of
Captain Hustwick and likewise of his Officers. On the 12th of
December, he takes blame to himself that a larger Stock of both
Medicines and Medical Comforts was not provided, And makes
mention of the impossibility of Cooking such of the latter as they
had for want of proper culinary Apparatus. At the same place
he mentions that the Port wine and Brandy were both very bad.
On all of these points the Surgeon's Journal is fully borne out by
the Statements of many of the Passengers examined. On the 9th of
December, he attributes the great Mortality among the Children to
the change of their diet, the deficiency of Medical Comforts for their
nourishment, and the insufficiency of the Culinary Apparatus,
adding that Sixty or Seventy dozen of Bottled Porter would have
been of infinitely more value than the useless Superabundance of
Potatoes. On the 10th of December, he mentions that Captain
Hustwick offered him the use of his private Stock of Bottled Porter.
6. The quantity of Cargo, shipped on board the Lady Mac-
naghten, was such that no part of the Passengers' Luggage but a
few small Boxes could be stow^ed in the hold, until an advanced
period of the Voyage; And in the first instance part of the Pas-
sengers' Luggage, and even part of the Stores, were stowed on the
Upper Deck ; besides which, the whole of the space " Between
Decks " along the Central part of the Ship was filled from Deck
to Deck, with exception of a narrow passage about three feet wide
round the front of the Berths, and remained so for many weeks
after the departure of the Vessel from Cork. Captain Hustwick
states that about thirty Tons of the Iron might have been necessary
BOUBKE TO GLENELG. 19
as ballast, but the remainder of the Iron and the other Articles i>.;7.
were certainly not so, and were the cause of the Passengers' Luggage 7 July,
not being put in the hold, and being stowed "Between Decks" as Repor7b7"
above mentioned, obstructing ventilation, and causing accuinula- board re
tions of tilth: to which circumstances, the Board are of opinion outbreak of
that the sickness and .Mortality, which prevailed, may he very complaints by
greatly attributed. passengers on
7. The Seventh Inquiry, with respect to the proportion of Pas- y^^'j-j.
sengers to the Tonnage with reference to the Act of Parliament and ' acnagi
to the general practice in the Transport Service, whether Military parJS,n
or Convict, has been answered by the latter part of the Board's to tonnage,
reply to question 2nd. It may however be mentioned that it
Appears, by the Evidence of the Master Mr. Hustwick, that no Sur-
vey of the Condition of the Ship, her Berths, Stores and Water was
made by any of the Officers of the Customs as required by the Act,
but the Provisions and water were examined by Lieut. Friend.
Dr. Alick Osborne. R.N., and Mr. Marshall.
8. It appears by the evidence of nearly all the persons examined Want of
that no means were taken to ascertain the health of the Emigrants medical
on embarkation. The Witness Jane Ladd. Matron-in-Charge of e^Xu"ation°n
the Hospital, Says that two Cases of Scarlatina occurred about a
week after the Ship left Cork. The Surgeon, in his Journal on the
eighth of November, says a boy named Mulcahy, who has been ill
from fever since he embarked, died this night. The Master says
"that there was no Medical examination of the Passengers prior
to embarkation; and that a Boy. brought into the Ship on the
back of his Mother, died three days after of Scarlet Fever." He
adds, " there was. I believe at that time, a bad kind of Scarlet Fever
raging at Cork: my opinion is that the Scarlet Fever was brought
on board by some of the Emigrants."
0. It appears by the Evidence of Jeremiah Ledsam. Edward Want of
Mullins, Daniel Kennedy. Roger Meehan. and all the Persons to clothins-
whom the question was put. that no examination of the Emigrants'
Clothing was made for the purpose of ascertaining its sufficiency or
otherwise. Hannah Kanes says. " Many of the Women were very
dirty from want of a Change of Clothes. I believe, having partly
seen it myself, that some of the Women had not a Second Chemise.
There was no general order to enforce their washing their persons.
and I believe washing was generally neglected, except on Sunday
mornings." Captain Hustwick says. " I believe in one instance
there was a female who came on board with only the Clothes she
nad on. When I learned it. my wife, Mrs. Hustwick, gave her a
•small supply of her Own."
10. In respect, to the behaviour of the Ship's Officers, as repre- conduct of
sented in the Printed Letter of Aberdeen and others, it appears to ship's officers.
the Board that the Statements made in that letter, in respect to the
Conduct of the Ship's Officers, have not been substantiated. The
Surgeon, in his Journal, December 6th, concludes a long Paragraph
speaking in the highest terms of Captain Hustwick. by saying.
" from this Gentleman I have at all times received the most cordial
support and co-operation ; not merely this, but also very many Sug-
gestions of which I have gladly availed myself, and now most grate-
fully acknowledge. The same Courtesy, Assistance, and exemplary
moral and general conduct. I have experienced at all times from
the Officers in their respective duties." He continues throughout
his Journal to speak of them in similar terms. Jeremiah Ledsam
HISTORICAL RECORDS OF AUSTRALIA.
1837.
7 July.
says. " there was no harsh usage by the Officers towards the Emi-
grants, that I saw, except that the Chief Mate occasionally used a
small rattan to those Women, who hesitated to go down at the
required time. I never remember hearing any improper language
or Oaths, though the Officers frequently reproached the Women
with their want of cleanliness." Mr. Henry Bingham, a Cabin
Passenger, however says, "The (young) Women were very much
disinclined to go below at five O'CTock on account of the great heat.
I believe there was unnecessary harshness in the* manner of doing
it ; but I should not be borne out in saying that there was any
actual violence used." Mr. Charles Bolton, of the Customs, says,
" I never observed any undue harshness on the part of the Captain
or any of his Officers towards the Passengers."
11. With respect to the means adopted for ventilation and cleanli-
ness, the Board apprehend that the answers to this Inquiry have
been so fully embodied in those made to the previous questions, that
it is unnecessary to make a Special reply to it.
12. In reply to the Inquiry as to the Regulations adopted or
required generally for preserving order, and the health, comfort,
and Character of the Passengers, The Board regret to say that it
does not appear from the Evidence that any general regulations for
the guidance of the Emigrants, or for the preservation of the very
desirable objects above mentioned, were established, with the excep-
tion of the Order detailed in Jeremiah Ledsam's Evidence, which
regulated that all the Young Unmarried Women were to go below
at half past five O'clock, and one half the married Women, Alter-
nately, at the same hour, the other half being permitted to remain
on deck till half past eight or nine O'Clock. If any other regula-
tions were made, they do not appear to have been known, and
certainly were not enforced.
In conclusion, the Board beg leave to observe that they are of
opinion that the great mortality, which has occurred on board the
Lady Macnaghten, may be attributed, in a great measure, to the
following Causes : —
1st. The improper selection of the Surgeon Superintendent, who,
although so far as the Board can learn, a man of very excellent
Character and of respectable Acquirements with regard to his
Professional knowledge, was quite inexperienced in respect to the
duty he undertook, and wholly deficient of the knowledge necessary
for the establishment of proper regulations and of the firmness to
enforce them ; in consequence of which, no proper rules for the
preservation of Order, cleanliness and ventilation were laid down ;
dirt and filth accumulated in every direction, and disease naturally
was the consequence.
2. The very improper filling up of the hold of the Ship with
Cargo in such a manner as to cause the ;Stowage of nearly the whole
of the Emigrants' luggage between decks, thereby completely
obstructing ventilation and preventing the proper cleaning of the
decks and berths.
3. The neglect of the very necessary precaution of the examina-
tion of the Emigrants by a properly qualified Medical man, previ-
ous to their embarkation, for the purpose of ascertaining the state
of any that might be found labouring under any contagious disease.
4. The want of a sufficient Supply of Medicines and Medical
Comforts, including among the latter such Articles as Sago and
* Marginal amendment. — enforcement of the order by the officers, there was a
roughness in the
BOUKKE TO GLEXELG. 21
Arrow-root, none of either of which were on board; and likewise, 1837.
as Mr. Hawkins' in his Journal Suu'ur( srs. some bottled Porter, which. 7 July.
considering the number of Women with very young Children ern- Ropor7~i^~
barked, would have been found useful in supporting them, until board re
gradually accustomed to ordinary Ship's fare. To the want of such outbreak of
precautions, the death of many of the Infants is particularly fevcr *■£ ,
., , , ,. , . . , -»r.r,- .,. complaint* bv
attributed by the late Surgeon Superintendent Mr. Hawkins in his passengers on
Journal. Wm. Macphkkson. Clerk of Councils, Pres. ship Lady
Chamjss Inches, M.D.. Surgeon, lt.X. Macnaghten.
<iias. Windeyeb, 2nd Police Magistrate.
W. Hunter, Captn. and M. Secy.
Sib Richard Bourkk to Lord Glexelg.
(Despatch No. 60, per ship Thomas Lowry: acknowledged by
lord Glenelg, 7th June. 1838.)
My Lord, Government House, 7th July, 1837.
In my Despatch of this date, Xo. 59, I have stated that the Expenditure on
expences of the Quarantine, under which it was necessary to place gjfl^ Jjje of
the Ship Lady Macnaghten, amounted to £5,000. I have now the Macnaghten.
honor to transmit an abstract shewing the principal items of this
large Expenditure. Your Lordship will please to observe that,
in admitting certain claims of the Master, Officers, Crew and
Agent of the vessel, I acted under the advice of the Attorney-
General, whose opinion on the case laid before him I have the
honor to transmit. The charge for demurrage, or, it is termed,
converting the Ship into a Lazaret, I have not thought it right
to allow, but have informed the Master that it shall be sub-
mitted to your Lordship for decision; and, if the claim be allowed,
the amount awarded will be paid by the British Treasury in
London, and repaid to the Military Chest here.
Considering these Expences as connected with Emigration, I
have defrayed them from the Revenue of Crown Lands.
I have, <fcc,
[Enclosures.] Richd. Bourke.
[Copies of these two papers are not available.]
Sir Richard Bourke to Lord Glenelg.
(Despatch Xo. 61, per ship Thomas Lowry.)
My Lord, Government House, 8 July, 1837. 8 July.
Having within these few days laid before the Legislative Estimates of
Council the Estimates of Expenditure for 1838, I avail myself ^enditme.
of the opportunity of a Ship now sailing for England to forward
a Copy, together with my Explanatory Minute, although the
Council have not yet entered upon their consideration.
I have, &c,
Richd. Bourke.
9.0,
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
S July,
[Enclosures.]
[Copies of these papers were printed in the " Votes and Pro-
ceedings" of the legislative council.]
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 341.)
Downing: Street, 10th July, 1837.
[A copy of this despatch will be found in the appendix to this
volume.']
11 July.
Petitions
received from
graziers at
Port Phillip.
Report
required.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 342, per ship James Pattison.)
Sir, Downing Street, 11 July, 1837.
I have the honor to acquaint you that I have received
a letter from Mr. Mackillop of Hobart Town in Van Diemen's
Land enclosing Copies of two Petitions which had been addressed
to you by the Proprietors of Stock at Port Philip.
If you are not already in possession of these Papers, I have
to request that you will call on Mr. Mackillop for copies of them,
and that you will transmit them to me with your Report on the
Allegations contained in the Petitions and on the claims pre-
ferred by the parties who have signed them. I have, &c,
Gleinelo.
14 July.
Reasons for
delay in
decision re
claims of
H. Dangar.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 343, per ship Waterloo.)
Sir, Downing Street, 14 July, 1837.
I have received the Duplicate of your Despatch No. 118 of
the 4th Novr. last, relative to the case of Mr. Henry Dangar.
The original of this Despatch, tho' dated on the 4th ISTovr.,
1836, has not yet reached this Department, nor was the Duplicate
received until the 19th Ulto., and, when so received, it appeared
to contain no copy of Mr. Dangar's Memorial on which the whole
question referred for my consideration turns. I mention these
facts in order to explain why it is that I have not complied, and
am for the present unable to comply, with your request for an
early decision on the course to be pursued in Mr. Dangar's case.
Individuals neglecting to furnish you with Duplicate copies of
representations, which they may desire to have submitted to
Her Majesty's Government, are of course liable to experience the
inconvenience of the delay which may arise from such neglect.
I have, &c,
Glenelg.
GLENELG TO BOURKE. 23
Lord Glenelg to Sib Richard Bourke. i8S7.
14 July.
(Despatch No. 344, per ship Neptune; acknowledged by
acting governor Snodgrass, 17th February, 1838.)
Sir, Downing Street, 14 July, 1887.
I have the honour to transmit to you, for your information
and guidance, copies of a correspondence which has taken place,
shewing the circumstances under which I have given my sane- Appointment of
tion to tlu' appointment of the four Ministers, whose names are ciergy. e
mentioned in the margin,* to the Presbyterian Churoh in Aus-
tralia on the recommendation of the Synod of Ulster.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Sir George Grey to Revd. Hugh Rogers.
Sir. Downing Street, 12 June, 1837.
With reference to my letter of the 1st Ulto., I am directed
by Ed. Glenelg to transmit to you the enclosed copy of a Com-
munication which has been addressed to me by the Revd. Dr.
Macfarlane a Convenor of the General Assembly's Committee on
Colonial Churches, conveying the decision of the General Assembly
on the question submitted to Dr. Macfarlane in my letter of the
29 March, a copy of which is in yr. possession. I am to acquaint Clergy to be
you that, in consequence of this communication, Ld. Glenelg will be "ynodo^uister.
happy to receive from the Synod of Ulster recommendations of
Presbyterian Ministers duly qualified to take the Charge of
Churches or Congregations in the Colonies of N. S. Wales and
V. D. Land. It will be necessary that such recommendations shd.
be forwarded to the Secy, of State by the Moderator of the Synod,
accompanied by such testimonials of character and qualifications
as may satisfy his Ldship. that it is his duty to sanction the
Appointment. On the approval of Lord Glenelg of any Individual Allowance for
for such an appt., be will be authorized, after having engaged a passage money,
passage, to draw for the usual allowance of £150 for the expences of
bis passage and outfit.
The future Employment of any Clergymen in these Colonies after
their arrival must depend on the openings which may exist from
time to time for such employment, and on their adaptation for the
duties which will devolve upon them. It will of course be indis-
pensable that they shd. conform to the requisition stated in the
concluding part of Dr. Macfarlane's letter. I bave, &c,
Geo. Grey.
[Sub-enclosure.]
Eevd. Dr. Macfarlane to Sir George Grey.
Sir, College Glasgow, 3 June, 1837.
The Committee, of which I am appointed Convenor, have Resolution
reed, from the Genl. Assembly of the Church of Scotland the fol- by general
lowing Instructions, vizt. : — assembly of
" To represent to the It. Hon. The Secretary of State for the Scotland.
Colonies that no objection exists on the part of the General
* Marginal note. — Revd. Thos. Dugall, Revd James Fullerten, Revd. Hugh
Gilchrist, Revd. Robert Blair.
24
HISTORICAL RECORDS OF AUSTRALIA.
1837.
14 July.
Resolution
by general
assembly of
church of
Scotland.
Letter
acknowledged.
Clergy
recommended
by synod
of Ulster.
Request for
allowance of
passage money.
Assembly to Govt., granting to the Ministers and Preachers of the
Synod of Ulster emigrating to Australia the same allowances for
outfit and passages as are made to those belonging immediately
to the Church of Scotland."
" To state as the opinion of this Assembly that such Ministers
and Preachers on their arriving in New South Wales or Van Die-
men's Land may be taken under the charge of the Presbyterians in
connection with this Church, established or to be established in
those Colonies, on their adhibiting the subscription and coming
under the engagements required of the Ministers of this Church
and continuing to observe these engagements, but no longer."
I trust this Communication will be satisfactory to Lord Glenelg.
I have, &c,
D. Macfarlane.
[Enclosure No. 2.]
Kevd. William Craig to Lord Glenelg.
My Lord, Belfast, 1st July, 1S37.
Your Lordship's communication of the 12th of June was
received by my Predecessor in Office, the Revd. Hugh Walker
Rodgers, conveying the gratifying intelligence that your Lordship
is now " ready to receive from the Synod of Ulster recommendations
of Presbyterian Ministers duly qualified to take the charge of
Churches or Congregations in the Colonies of New South Wales or
Van Diemen's Land." This communication of your Lordship has
induced several Ministers of the Synod to offer themselves for your
Lordship's approval with the view to their emigration to these
Colonies ; and, in accordance with your Lordship's Letter, I am in-
structed by the Synod of Ulster, at present holding their annual
meeting in this Town, to forward the names of the following
brethren, Revd. Thos. Dugall, Minister of the Presbyterian Church,
Vinecash, County of Armagh; Revd. James Fullerton, Minister of
the Presbyterian Church, Benburb, County of Armagh ; Revd. Hugh
Gilchrist, Minister of the Presbyterian Church, Bally ; James Duff,
County of Cavan ; and Revd. Robt. Blair, Belfast, Licentiate of the
Presbytery of Belfast ; I am directed to assure your Lordship that
the Synod, having taken into their serious and deliberate considera-
tion the applications of the Ministers, whose names I have men-
tioned, are unanimously of opinion that they are fully qualified to
undertake the important duties of Presbyterian Ministers in Aus-
tralia. They are all men of unblemished life and as Clergymen
have been highly useful in their respective spheres of labor. I am
further instructed to inform your Lordship that they have all con-
formed to " the requisition stated in the concluding part of the
Revd. Dr. McFarlane's letter," The Law of the Synod of Ulster
in reference to subscription to the confession of faith being in
all respects the same as that of the Church of Scotland. It is
hoped that their testimonials will prove satisfactory to your Lord-
ship, and as the Ministers already named are anxious to accompany
the Revd. Dr. Lang in the " Portland," advertized to sail from
Greenock on the 10th Instant, you will, at the earliest date possible,
authorize them to draw for the usual allowance of £150 each for
the expences of Passage and outfit. I have, &c.,
William Craig,
Moderator of the general Synod of Ulster.
GLENELG TO BOURKE. 25
[Enclosure No. 3.] 1S37.
TO KeVD. \\ ILLIAM CRAIG.
Sir. Downing Street, 4 July. 1837.
I am directed by Lord Glenelg to acknowledge the receipt Letter
of your Letter of the 1st instant, recommending, on behalf of the acknowledged.
Synod of Ulster, the 4 Presbyterian Ministers named in the Margin,*
for appointment to the Ecclesiastical Establishment in Australia.
Although, in accordance with the suggestion of Principal Mac-
farlane referred to in my Letter of the 1st Instant addressed to the
Revd. Hugh Rodgers, Lord Glenelg had not intended to sanction
an increase in the number of Presbyterian Ministers receiving an
allowance from the Government for outfit and passage, without
further information from the Colony as to the facilities which might
be found for their employment on their arrival. His Lordship is Conditional
unwilling to refuse his sanction to the appointment of the four approval of
Gentlemen, whose names you have now submitted to him, and who of clCTgy.6"
appear to have already made their arrangements for proceeding
to Australia. Lord Glenelg. however, feels it his duty to remind
you that Her Majesty's Government cannot hold themselves re-
sponsible for any immediate provision being made for any of these
Ministers on their arrival. Their names will be transmitted to the
respective Governors of New South Wales and Van Diemen's Land
as having been approved by Lord Glenelg, and his Lordship trusts
that openings may shortly occur for their employment in one or
other of these Colonies.
The testimonials referred to in your Letter have not yet been Passage money
received bv Lord Glenelg; but. should they prove satisfactorv. as his authorised after
, , . .. . . ., .. ... , . submission oi
Lordship has every reason to anticipate, authority will be given testimonials.
for the payment of the usual allowance for their outfit and passage.
In drawing for the allowance for outfit and passage, after having
engaged their passages, it will be necessary for the Clergymen to
use the following form. [Unsigned.]
Lord Glenelg to Sir Richard BouRKEf.
Sir, Downing Street, 14 July, 1837.
At the request of the Belgian Minister at this Court I introduction
have the honour to introduce to you, and to recommend to your Lacourt.3"
good offices Mr. Jean Baptiste Lacourt and M. Honore Lacourt,
who are about to proceed to the East on a Scientific Mission.
I have, &c,
Glenelg.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 345. per ship Asia; acknowledged by
Sir George Gipps, 8th November, 1838.)
Sir, Downing Street, 21 July, 1837. 21 July.
I have the honour to transmit to you a copy of a Resolu- Resolution by
tion of the House of Commons, bearing date the 30th June, 1837; commons,
and, in compliance with the terms thereof, I have to request that
* Marginal note. — Revd. Thos. Dugall, Revd. James Fullerten, Revd. Hugh
Gilchrist, Revd. Robert Blair,
f Note 2.
26
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
21 July,
Return
required.
Resolution by-
house of
commons re
floggings and
secondary
punishments.
you will transmit a " Return of the number of cases in which the
punishment of flogging has been inflicted " in the Colony under
your Government " from year to year since the 1st January,
1830"; and I should also be glad to receive your opinion on the
effects of flogging as a Secondary Punishment. I have, &c,
Glenelg.
[Enclosure.]
Resolution.
Resolved, Veneris, 30° die Junii, 1837.
That an humble Address be presented to Her Majesty that
She will be graciously pleased to give directions that there be laid
before this House.
" Return of the number of cases in which the punishment of
Flogging has been inflicted in the Australian Colonies in Criminal
Cases, from year to year, since 1st January, 1830; and of the Acts
by which authority is given for the infliction of that punishment."
" Also, of any Correspondence which has taken place between the
Secretary of State and the Colonial Authorities, since 1st August.
1834, on the subject of Secondary punishments, and especially on
the effects of flogging as a Secondary punishment."
Ordered,
That the said Address be presented to Her Majesty by such
Members of this House as are of Her Majesty's Most Honorable
Privy Council. j H L C1 Dom Com
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 347, per ship Asia.)
Sir, Downing Street, 21 July, 1837.
Transmission of I have the honor to transmit to you for your information
T?RrtEiiiott. a Copy of a Report from Mr. Elliot, the Agent General for Emi-
gration, stating the progress of Emigration to New South Wales
and Van Diemen's Land since he entered on his duties, together
with a copy of a previous Letter from the Agent General referred
to in his report. I am, &c,
Glenelg.
[Enclosure No. 1.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir. Colonial Office, 30th June, 1837.
I have the honor to transmit to you for Lord Glenelg's con-
sideration the enclosed correspondence between Dr. Boyter and my-
self upon the subject of an application from Dr. Stewart, a Surgeon
in the Isle of Harris, to be sent to New South Wales in charge of
one of the ships proceeding with Emigrants from the Hidrides.
Dr. Stewart is familiar with the language and habits of these
People. His general qualifications are strongly attested by Dr.
Boyter. And the employment of him will save the Colony some-
Proposed
appointment
of Stewart
as surgeon
on ship
Midlothian.
GLENELG TO BOURKE.
Hundreds of rounds. I am also Informed that he is entirely an- 1837.
acquainted with the Sea. Although therefore the selection of ;i 21 July.
private Surgeon for this duty must necessarily involve a higher Proposed
responsibility than that of a regular Naval Surgeon, yet, adverting appointment
to the considerations 1 have mentioned in this instance, and seeing of Stewart
moreover that with so many ships as are in course of going out onlhi|e°n
with Emigrants, it must he doubtful whether the list of Naval Midlothian.
Surgeons will suffice to meet the demand for all. I would beg leave
warmly to recommend the appointment of Dr. Stewart to take
Charge of the people in the " Midlothian." which is to sail from Skye
about the 20th July. And I would further submit that it might he
desirable to authorize Dr. Boyter to give notice of any other
eligible candidates of the kind whom he may hear of in respect
to his subsequent Vessels.
As there is little time to spare in completing the preparations
lor the " Midlothian," it. would be desirable to receive Lord Glenelg's
commands on the present question as soon as may not be in-
convenient, j have> &Cm
Thos. Elliot.
[Enclosure No. 2.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 24 June. 1837.
I have the honor to submit to you for Lord Glenelg's con- Proposal for
sideration the following Report of the grounds, on which I would engagement
recommend that measures should be taken for engaging a ship to ^.J ^^
proceed from Bristol with Emigrants to New South Wales. emigrants
Having received intelligence of a considerable want of employ- from Bnsto1-
ment and disposition to emigrate in the Parishes of Bisley and
Uley in Gloucestershire. I addressed myself personally to Sir
George Grey and obtained his concurrence in the propriety of
endeavouring to ascertain whether it might be expedient to provide
a ship for their conveyance to New South Wales from the Port of
Bristol.
I then communicated on the subject with the Poor Law Commis-
sioners, and through their intervention with the Boards of Guar-
dians in the Districts in question, and with the assistant Poor Law
Commissioner of the County.
In order also to learn how far any deficiency in the numbers pro-
curable in Gloucestershire could be supplied from other quarters,
I applied for information to Colonel A. Court, the Assistant Com-
missioner for the County of Wilts ; and Dr. Rogers, the Surgeon
who is to have charge of the next Emigrant Ship from England,
has been directed to repair to Dawlish, for the purpose of enquiring
into the cases of some eligible applicants who have been heard of
there. To all the parties thus addressed, I have distinctly explained
the regulations according to which alone Emigrants can be accepted.
In consequence of these different enquiries, the information which
has as yet been received is as follows. Active efforts are being
made to collect Candidates of the right description at Uley. The
Rector and Curate of Bisley (who takes a great interest in the
undertaking) have already furnished a List of Thirty three families
willing to go from that Parish. And Colonel A. Court has stated
the probability of being able to derive a certain number of
28
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 July.
Proposal for
engagement
of ship to
sail with
emigrants
from Bristol.
Emigrants if required from the neighbourhood of Fordingbridge.
Dr. Rogers has not yet had time to make any report from Dawlish ;
but the Revd. Mr. Hardinge, a Clergyman resident there, has written
to assure me of an extensive desire to emigrate amongst persons of
a perfectly eligible description.
The people to be taken from Gloucestershire would probably
belong principally to the class of weavers, but accustomed, as it
has been represented, to work in the field upon occasions, and
capable of turning their hands to any labour. Of course, it will be
the duty of the Surgeon Superintendent to test the correctness of
these representations, and take care not to admit Candidates who
could not make themselves useful in the Colony. The people from
around Fordingbridge, should it be found necessary to resort thither,
would be of the Agricultural Class. Several able Mechanics are
said to be amongst the people desirous to emigrate from Dawlish.
Under these circumstances, seeing the security which appears
to exist for bringing together a sufficient number of eligible people
at the Port of Bristol, considering also that a selection of Settlers
from the West of England is contemplated in one of the latest
despatches received from Sir Richard Bourke, and that we have
no information at present of any other part of England from which
a body of Emigrants could be so readily collected, I venture to re-
commend that measures should at once be taken for engaging a Ship
to sail with passengers from Bristol to New South Wales.
There are many reasons why this, if approved, should be done
forthwith. In the first place, the commencement of the Harvest-
Season, before the business were completed, would be likely to
interfere materially with its success. It is, moreover, always desir-
able to carry these arrangements into effect as soon as possible after
the people may be expected to have adopted their decision. Having
become unsettled at home, they are no longer well here; and yet
delay gives room for misgivings to come over them, and perhaps a
state of irresolution not less painful to themselves than incon-
venient to all others concerned.
To this I would only add that, with a view to the convenience of
arrival in the Colony, compared with the probable arrival of Emi-
grant Ships appointed to sail from other quarters, one of the first
days in August would be the best time for the departure of the pro-
posed vessel from Bristol. Adverting to all these considerations,
the 27th of July is the date, which I would humbly advise to be
named for the ship to be at the Port of Embarkation ready to
receive her passengers.
Sir Richard Bourke has recommended a Surgeon, who is coming
home from New South Wales, specially for the selection of a party
of Emigrants from the West of England; and Lord Glenelg will
doubtless regret, that it is not possible to employ him on the pre-
sent occasion. But. as Sir Richard Bourke's despatch was only
received within the last few days, and it is not supposed that
Dr. King has yet even reached England, the reasons for being un-
able to comply with the Governor's recommendation in this in-
stance will be apparent, while some other suitable opportunity
of employing Dr. King would seem very likely to arise soon after
his arrival. x haye &Q ^
Thos. F. Elliot.
GLENELG TO BOURKE. 29
[Enclosure No. 3.] 1837.
21 July.
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 28th Juno, 1837.
In reference to my Letter of the 24th Inst, recommending Passages
the employment of a vessel to take Emigrants from the Port of S^J,0T
Bristol to New South Wales. I would take the liberty of suggesting emigrant ship
for Lord Glenelg's consideration the expediency of offering a pas- from Bristol.
sage by the same opportunity to some of the Clergymen of the
Church of England, who 1 have been informed are about proceeding
to the Colony under his Lordship's sanction.
A similar offer was made, in the case of the last, emigrant ship
that sailed from England, but was declined on account I believe of
the shortness of the notice. The advantages that must be expected
to result to the Passengers from the presence of a respectable Min-
ister of Religion are too evident to need any mention by me. And
the good service, which might be rendered during the voyage, as
well as the possibility in some cases that the intercourse on board
might lead to a permanent connexion afterwards and form the
nucleus of a congregation in the Colony itself would seem to con-
stitute inducements to a zealous Clergyman to give some preference
to this mode of conveyance.
In the ships which Dr. Boyter is sending from the Hebrides, it
may be presumed that the majority of the Passengers will be Pres-
byterians, and speak little else but Gaelic. I have been happy to
learn therefore that Lord Glenelg has recently had an opportunity Presbyterian
of granting a passage to a Presbyterian Preacher, well acquainted ^barked on
with the Gaelic, in the ship which is expected to sail from Skye ship from
about the 20th July; and I would humbly submit that it might Sk^e-
be useful to add an intimation to the Colonial Committee of General
Assembly, that any further applications of the same nature for
passages in Emigrant ships going from Scotland would be favor-
ably received.
Should Lord Glenelg be pleased to approve of making the offer
above suggested to Clergymen going from England. I hope it may
not appear trifling to add that some advantage might be derived
from mentioning that the Vessel conveying the Emigrants would be
a carefully chosen and well appointed ship, inspected by Government
Surveyors, and prepared for sea at one of the King's Dock Yards.
The expence of the Clergyman's passage would, I presume, be Expense of
defrayed from the same sources as at present, and not create an ^srsageof
additional charge on the fund from which the conveyance of the ° ergy'
Emigrants is paid. Having no accurate knowledge, however, of the
existing Regulations respecting the passage of Ministers going to
New South Wales. I would request distinct Instructions for my
guidance, should any of them accept of accommodation in an Emi-
grant ship : and in the mean while I have only to suggest that the
arrangement should be so framed as to render the advantage of a
conveyance by this mode not less than if the Clergyman proceeded
by a private opportunity, with the pecuniary allowance granted to
him by the Public in that case. j am &(T
T. F. Elliot.
30
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
21 July.
"Report by
T. F. Elliot on
progress of
emigration.
Alterations in
system of
emigration.
Departure of
ships John
Barry and
Adam Lodge.
Fixed bounties
for emigrants.
Free passages
substituted.
Sailing of ship
Augusta
Jessie.
| Enclosure No. 4.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 10th July, 1837.
I think I have now been sufficiently long in charge of my
present office to render it desirable that I should offer you, for Lord
Glenelg's information, the following report of the Progress of Emi-
gration to New South Wales and Van Dieman's Land.
You are aware that the practice of employing ships exclusively
for the conveyance of females to the Australian Colonies has been
discontinued, and the London Emigration Committee, through whose
intervention that business used to be carried on, dissolved. The
custom of allowing loans to Mechanics and Farm Labourers, to
assist them to emigrate, has also ceased. And instead of these
plans, which experience is considered to have proved to be on the
whole undesirable, it has been determined to encourage the emigra-
tion of the same classes by allowing a free conveyance to young
married couples of good character, with their families, and to any
young unmarried female Relative or Friends, who may accompany
them to the Colony with their consent and under their protection.
The recommendation of the Legislative Council on which this system
is based, together with the measures Sir Richard Bourke has pro-
posed to adopt in pursuance of them, and Lord Glenelg's sanction,
are all so recent and so well known as to render it needless to re-
capitulate them here. They appear at full length in the Series of
Papers on Emigration laid before Parliament this year.
My object will now be to state in order of time the proceedings,
of which I have had cognizance in execution of these recommenda-
tions, and to remark, as they occurred, any alterations of the plans
proposed in the Colony.
I found that, previously to my appointment, two ships had been
dispatched with Emigrants under the new system. The " John
Barry " had sailed from Dundee on the 15th of March with 323 free
passengers, selected by Dr. Boyter of the Royal Navy and sent out
under charge of Dr. Thompson, R.N. ; the " Adam lodge " had
sailed on the same day from Londonderry with 405 passengers,
selected and accompanied by Dr. Osborne, R.N.
In respect of these vessels, it was at first intended that, instead
of an absolutely free conveyance, a fixed amount of bounty should
be allowed to each Emigrant, and the surplus expence, if any, be
left to be defrayed by himself ; and, in the case of the " Adam
Lodge," the intention was persevered in. but it has not been adhered
to in any of the other vessels. I cannot doubt that it would have
thrown great difficulties in the way of the officers employed in the
duty of selection. It would have impaired the certainty of their
proceedings, have increased the chance of defaulters at the last
moment, and in some parts of the Country have checked the disposi-
tion of the people generally to go. The present plan of offering
simply a free passage will give the Superintendents a greater com-
mand over the formation of their party, a wider choice and conse-
quently a more complete responsibility.
The first ship, which has sailed since I entered on my duties,
was the "Augusta Jessie." She left Portsmouth on the 13th of
June with 234 passengers, collected and chosen by Dr. Galloway,
R.X.. under directions which he received from the Colonial Gov-
ernment upon leaving Sydney last year. These people were prin-
cipally drawn from the Counties on the South Coast of England,
• GLENELG TO BOURKE. 31
ami a few from Wiltshire. In order to get them together, Dr. 1837
Galloway had travelled from Portsmouth over a considerable part 21 July.
of Wiltshire, and the Northern part of Hampshire, had taken a tour
through Dorset, and had also visited the Eastern part of Sussex,
enquiring into the disposition to emigrate, and personally inspecting
Candidates.
I proceed to state how far it was found advisable in the case of
this ship to deviate from the rules recommended by the Colonial
Authorities to be observed. First, in respect of the dietary; Sir Alterations
Richard Bourke had appended to his Instructions to Dr. Galloway in dietary,
a scale of provisions, which was the same, I believe, as had been
adopted in the ships sent out by the London Emigration Committee.
P. nt some alterations in that scale were made by Dr. Thompson of
the '• John Barry " under supervision of the Comptroller of victual-
ling the Navy: and it was thought expedient by those conversant
with the subject to extend the same to the "Augusta Jessie." The
chief differences consist in the withdrawal altogether of the allow-
ance of cheese, as the Admiralty are not in the habit of supplying
Ships with that Article; in diminishing the quantity of Pork; in
increasing the quantity of Sugar; and in substituting a smaller
quantity of chocolate for the allowance of Cocoa. An addition of
< ►atmeal was made in the case of the " John Barry " in consequence
of the number of Scotch Emigrants on board. But the use of it
having been found on recent experience to be very beneficial to the
sick, and to persons previously accustomed to indifferent food, the
same quantity was continued in the "Augusta Jessie," and will
probably be provided in most cases hereafter. It is obvious, how-
ever, that frequent modifications may become advisable according
to the habits of the people to be conveyed, and the whole subject of
victualling is one on which it will be necessary to be guided in great
measure by the advice of the Naval Departments.
Another matter in which it was found indispensable to relax Extension of
somewhat the rules proposed by the authorities at Sydney was the a&e. limij;„for
limitation of age. The three Surgeons first employed, altho' the emisrants-
scene of their duties lay in such opposite directions, and even in
different Kingdoms, were unanimous in their appeals against this
regulation. Dr. Boyter and Dr. Galloway reported without quali-
fication that it was impossible to adhere to it, And numerous per-
sons of experience in the Country have confirmed their view.
The age therefore was extended to Thirty Five in the " Augusta
Jessie," as well as in the Ships which preceded her, and will not
again be restricted to Thirty.
Upon the application of Dr. Galloway he was authorized, in case Authority for
of being obliged to put into any Foreign Ports for Water or refresh- purchases by
ments, to make the necessary purchases and draw Bills for them sur^eons-
upon Mr. Barnard, the Colonial Agent. Dr. Boyter has since
applied for a similar power to the Surgeon of the next ship to sail
from the Highlands. There can be no doubt that cases may arise
in which, without it, there would be a serious responsibility for the
Dives or Health of the Passengers. I propose therefore, if Lord
Glenelg should approve of it, to give a discretionary authority on
this point to all future Surgeons, but to warn them that it is not
to be had recourse to except in case of actual need, and that they
must provide themselves with certificates of the highest authority
they can obtain, that the Stores or articles laid in upon such occa-
sions were purchased on the most reasonable terms that the time
and place would afford.
32 HISTORICAL RECORDS OF AUSTRALIA.
1837. The next ship to sail will be one from the Hebrides with the
2ijJuly. first body of people sent from thence by Dr. Boyter under the
Shipslo sail authority he has received to select Emigrants from the distressed
from the part of the Isles and Highlands of Scotland. As Dr. Boyter is
Hebrides; carrying on this service under Instructions from the Colonial De-
partment, which were transmitted to Sir Richard Bourke in Lord
Glenelg's dispatch of the 20th May last, and included with that
document in the papers printed for Parliament this year, there is no
occasion for entering into a statement of the substance here. A copy
of them is annexed for greater facility of reference. The ship now
going is the " William Nicoll " of 408 Tons. During the voyage,
the people are to be under the charge of Dr. Roberts, R.N. ; Dr.
Boyter has written to mention, with respect to this vessel, that,
in a few cases where he has been obliged to overlook the age of the
Father or Mother connected with a great number of the proposed
Emigrants, he has made an arrangement by which he allows them
their accommodation on board, but provides that they should pay
the Master of the Ship for their Rations.
The " Midlothian " of 414 Tons has been engaged at Leith to
take another party of Emigrants from the Hebrides, whom Dr.
Boyter hoped to dispatch about the 20th of July ; but, as the
" William Nicoll " has been detained much beyond her time, I am
led to fear that the effects of the delay must be felt in the depar-
ture of the succeeding Ship. I have already mentioned in my letter
of the 30th Ultimo the grounds on which I ventured to recommend
the employment in this vessel of a Surgeon taken from the High-
lands instead of a regular Naval Surgeon ; and I am happy to find
that Lord Glenelg has been pleased to approve of the appointment
of Dr. Stewart in conformity with that suggestion, and to authorize
me to call upon Dr. Boyter to give notice of any other eligible
candidates of the same kind, whom he may hear of in respect to
future vessels proceeding from the Highlands.
and from On the 24th Ultimo, I had the honor to report the reasons for
Bristol. employing a Ship to proceed from Bristol with Emigrants from
Bisley in Gloucestershire, and other parts in the West ; and, in my
letter of the 28th June, I took the liberty of calling attention to
the expediency of offering passages in this and in future Emigrant
Ships to any Clergymen going to the Colony. Dr. Boyter, R.N. has
been sent into Gloucestershire to select the people. The name of
the vessel engaged for this service has not yet been reported by
the Admiralty.
As the " Midlothian " is expected to sail from Skye about the
20th of July, and another ship had already been decided to be sent
from Limerick about the 10th of August, I thought the 1st of August
would be the best time to fix for the departure of the one from
Bristol. The approach of the Harvest Season was an objection to
postponing it till after the emigration from Limerick. But, if the
"Midlothian" be delayed, I fear there may be a chance of the arrival
of these three vessels within a shorter time of one another than
could be wished. On the whole subject of the departure of vessels,
it would be my endeavour to devise some plan of providing for
greater regularity, and giving the Colonial Government clearer and
more certain notice before hand, than has heretofore been the case.
In consequence of repeated enquiries on the subject on behalf of
the people at Bisley, I stated that, where families appeared to be
GLENELG TO BOURKE. 33
very desirable Settlers on the whole, though their Parents were i837.
beyond the prescribed limits of age, I thought the Surgeon Super- 2iJuiy.
mtendent would be justified in some cases in accepting them, pro- Reiaxationg
vided the passages of such parents above age were paid for them, of rule re
I added, however, that an offer to repay their passage out of the age of
earnings of the family could not be acceded to. And I distinctly emi£rants-
explained that I only expressed a general view, of which the
application to particular cases must depend entirely on the Sur-
geons, £15 is the sum which it seemed to me ought for the present
to be the assumed cost of passage for this purpose. Without
admitting some such relaxations occasionally, many valuable Set-
tlers might be lost to the Colony, besides prejudicing our proceedings
here by the apparent unreasonableness of resisting so equitable an
arrangement. It is desirable, however, that the principle should be
acted on with caution, and I have instructed Dr. Rogers to that
effect, and should not hesitate to stop the practice altogether, if I
found it likely to be abused.
In order to keep the Colonial Authorities informed of the views
from time to time in this Country and of the manner in which their
own very judicious suggestions on emigration are carried into effect
or occasionally modified. I have directed the Surgeons on their instructions to
arrival to produce to the Governor, for his perusal, the several be submitted
communications and instructions which they may have received from by burgeons.
me previously to their departure.
I trust that no prejudice may be felt in the Colony against the Assistance
intervention of the Poor Law Commission in this undertaking. They obtained from
have the means of supplying us with a far more comprehensive commission,
view, than can he obtained from any other quarter, of the state of
employment in different parts of the Country, and the willingness
of the people to go abroad. They can refer us to the most active
persons in each District, and those most likely to be favorable to
our objects. And they have shewn an obliging disposition to allow
us to make any enquiries we wish through their Assistant Commis-
sioners. It is necessary to be understood in the Colony that the
inclination of the people to emigrate is by no means unlimited as
used to be supposed. The improvements, which have been effected
in the character and condition of the Agricultural population in
England and Wales, have considerably diminished the belief in the
existence of a general redundancy of labour, and necessarily affect
both the disposition of the people to go, and of others to send them.
We must avail ourselves therefore of opportunities as they may
occur ; and I should be truly sorry that we were to deprive our-
selves of the aid for this purpose of the most efficient and best or-
ganized agency which the country affords. I have thought it neces-
sary to say this much, knowing the prejudice which may exist
against a name, and being aware of the sensitive apprehension
which is entertained in the Colonies of an influx of paupers such as
unhappily the paupers of England used to be. At any rate, however,
it is not to obtain pauper Emigrants that recourse has been had to
the Poor Law7 Commissioners. General information is what they
have given us, and the rest remains to be done by officers responsible
to the Colony and to the Secretary of State for the Colonies.
The only other Ships now going are two from the South of ships to sail
Ireland ; one from Cork to Van Diemen's Land about the 1st of from Ireland.
August, the other, from Limerick to New South Wales about the
10th of August. The Emigrants in the former will be under the
charge of Dr. Price, R.X. : in the latter under that of Dr. Sproule,
Ser. I. Vol. XIX— C
u
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 July.
Report re
emigrants
from Ireland.
Expenses of
agents for
selection of
emigrants.
Problems
re S3'stem
of agency.
R.N. The " Bussorah Merchant " is engaged to go from Cork, but
the name of the one to sail from Limerick has not yet been com-
municated by the Admiralty. I have received from Dr. Price and
Dr. Sproule very satisfactory accounts of the nature of the appli-
cants who have presented themselves to them. In both these cases,
I have made use of the resident Agents for general purposes of
emigration at Cork and Limerick to circulate the requisite notices
beforehand and collect the applications, so as materially to abridge
the labours of the Surgeons Superintendent, altho' to the latter have
been left, as has been so wisely provided, the whole ultimate- power
and responsibility of accepting or rejecting Candidates. It will of
course be necessary that any expences incurred by the Agents in
this business should be repaid to them by the Surgeons and charged
by the latter officers to the Colony ; but that there will be a material
saving on the whole both of Time and of Money is obvious. In the
case of Gloucestershire also, owing to the preparations I was
enabled to effect by written correspondence, Dr. Rogers will scarcely
be employed a month in the duty of selection. Not one of these
three Surgeons will have been employed more than six weeks in the
business of selection, as many weeks as the Colony proposed to allow
them months, at an allowance of 10s. 6d. per diem. Nor will any
of them have received their appointments (from which the full
pay commences) more than two months before the time named for
their departure. I hope that the arrangements which have enabled
me to accomplish this economy of time and expence, without any
diminution of efficiency, may meet with approbation.
More perhaps remains to be done in improving the system of
agency in the conduct of Emigration to Australia. Whether the
employment of Private Surgeons, which has commenced in Scot-
land as I have reported above, may be cautiously and gradually
introduced in other cases, is one question which will require to be
borne in mind. The large saving that it would involve is certain.
Another important question is the expediency of naming permanent
agents in the Three Kingdoms to be always employed in these Coun-
tries in visiting and selecting emigrants as they may be required.
This measure would also be probably conducive to economy. And
the experience, which such officers would enjoy, as well as the
extensive acquaintance they would naturally be led to acquire in
different parts of the Country, would appear calculated to add
materially to their efficiency. At the same time, there can be no
doubt that the present practice has advantages peculiar to itself.
For some time longer therefore, and until it can be seen whether
there would be a sufficiently constant demand for the services of
permanent officers, I would propose to adhere to the existing Course
of proceeding, merely endeavouring, by all such methods as I have
already mentioned, to abridge the labours of the Surgeons em-
ployed in selection, and thus reduce the charges on this account
previous to departure.
Some enquiries have been set on foot in the County of Norfolk
respecting a disposition to emigrate which is said to prevail there ;
but I think it probable that the Harvest Season may require a cer-
tain interval to be allowed before another Ship is sent to New South
Wales. Dr. Boyter hopes to be able to despatch one to Van Die-
man's Land with Emigrants from the Hebrides in the course of the
month of August.
I do not know that I have any thing to add, except that I have
annexed a Specimen of the General Instructions which I have
GLENELG TO BOURKE. 35
gives to the different Surgeons now employed here. The firsl of the 1S37.
two sets of instruct ions relates to the proceedings previously to -21 July.
embarkation, the second to their Conduct during the voyage and
upon arrival. I have, &c.,
T. F. Elliot.
I Sub-enclosure No. 1.]
Sir George Grey to Dr. Boyter.
Sir, Downing Street. 11th April, 1837.
I am directed by Lord Glenelg to inform you that, in conse- instructions by
quence of various applications which have been addressed to his ^;T§'3r^t0
Majesty's Government from Parties on the Western Coast, of Scot- Beiectronof '
land for assistance towards their Emigration to some .if the British emigrants
Colonies, his Lordship considers that it will he expedient to despatch from Scotland.
one or Two Ships from the Clyde to New South Wales in the
course of the present Spring with Emigrants of a suitable class for
that Colony. As the experience which you have acquired in the
I uscharge of the Duty recently intrusted to you of selecting Emi-
grants for New South Wales in the Eastern Part of Scotland will
render your Services highly useful in the Furtherance of the present
plan. I am to desire that you will proceed at your earliest conveni-
ence to Scotland; that you will communicate forthwith with the
respective Chairmen of the Committees now sitting in Edinbro' and
Glasgow for the Relief of the Inhabitants of the Highlands of
Scotland who have been unhappily reduced to severe Privations;
and that, after such communications, you will proceed to the High-
lands in order to ascertain whether a sufficient number of married
Persons of good Character, and of an Age not exceeding Thirty
Five, are to be found who may he willing to avail themselves of a
free Passage to New South Wales in a Ship to he taken up for their
conveyance. In this case you will, with as little delay as possible,
make the requisite arrangements for their Emigration.
In the performance of this Duty, yon will consider the Instruc-
tions delivered to you in New South Wales by Sir Richard Bourke.
and under which you have been recently acting, as your Guide: and
you will follow them, so far as Circumstances will allow, both in
the selecting of Emigrants and in the arrangements for their con-
veyance. With respect to the latter Point. Eord Glenelg is of opinion
that it will he desirable that the Ship should be engaged at Glasgow
or Greenock, and that she should be appointed to sail on a given
clay from the latter port, to which it will be easy to provide for the
Conveyance of the Emigrants from their respective Residences by
Steamers or other Means. Too much precaution cannot be observed
in engaging the Ship, or in making the requisite arrangements for
the Health and Comfort of the Passengers ; but on this, as on other
matters connected with the Execution of his Duty. Lord Glenelg
feels that he may place entire confidence in your judgment and
experience, as well as in your Talent and Humanity.
You will be remunerated at the same rate as that at which you
have been paid for your Services in the Selection of Emigrants
for the " John Barry." You will also keep your accounts in a similar
Manner as heretofore ; and you will report to me. for Lord Glenelg' s
information, from time to time the Progress which you make.
A Naval Surgeon will be appointed to take charge of the Emi-
grants on their passage to the Colony. I am. &c,
Geo. Grey.
36
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 Jvilv.
Instructions
to surgeon
for selection
of emigrants.
[Sub-enclosure No. 2.]
Mr. T. F. Elliot to Dr. Rogers.
Sir, Downing Street, 3rd July, 1837.
You have already received personally an explanation of the
duties on which you are now engaged, and have seen the directions
given to other Surgeons employed in the same manner. It appears
desirable, however, to provide you with written instructions for
your guidance.
With a view to encouraging Emigration to NewT South Wales
and Van Dieman's Land, it has been determined to despatch to them,
occasionally from different parts of the Kingdom, Ships in which
a free passage shall be offered to persons deemed likely to form
eligible Settlers. They must belong to the class either of Mechanics
or of persons capable of being useful farm Servants, must be mar-
ried men with their wives living, and be accompanied by their
wives and children to the Colony, the age of neither the husband
or wife to exceed Thirty, or at the utmost Thirtyfive years. Every
exertion is to be made to procure them of good character, and in-
dustrious and respectable habits, for which purpose you will seek
information from their Religious Ministers or former employers,
or any other source you may find available. It is particularly
essential to avoid the selection of persons who have been at all
addicted to intemperance, as the temptations to that vice are much
greater in New South Wales from the Climate and the cheapness of
ardent Spirits.
The class of Mechanics, for whom there appears to be at present
the greatest demand in New South Wales, are those who would be
required in the erection of buildings of all descriptions in the
Colony, such as Carpenters, Joiners, Plasterers, Bricklayers. Stone
Masons, and Quarry Men. Country Blacksmiths, who can shoe
horses and are generally acquainted with the making and repair of
agricultural implements, have also been mentioned as eligible per-
sons. Of the farm servants, those, of course, would be preferable
who can plough, sow. reap, mow, and shear. There would also be
employment for a few plain working overseers, who understand the
management of Cattle and Sheep, and can read, write, and keep
plain accounts.
Young women are no longer assisted to emigrate separately as was
the practice for a few years past ; but, should any unmarried
females of good character be relatives or friends of parties enabled
to emigrate in the present mode, and be desirous to go out with the
consent of the parties, under their charge, and to form a part of
their family until they are provided for in the Colony, they may
be included in the benefit of the arrangement.
The condition, on which the Emigrants are to be taken, is a free
passage for themselves and their families; but they must defray
for themselves any expences they find necessary previously to
embarkation.
You will likewise ascertain that the Emigrants come provided
with a sufficiency of the absolutely necessary clothing or outfit for
a voyage, observing that nothing more need be required than the
most plain and cheap description. For such persons as could supply
themselves with the materials, it might furnish an agreeable em-
ployment to have the means of making up clothing on board.
GLENELG TO BOURKE. 37
They will be entirely free in the Colony lo work for whom they 1837.
please and on what tonus they chuse or can obtain. Every security 21 July,
will be taken for their convenience on tirst landing, and information instructions
given o\' the demand for employment in different directions, so that to surgeon
the people may know what opportunities are open to them. for selection
I shall take another opportunity of transmitting to you direc- ° emigran s-
timis for your guidance during the voyage and upon your arrival
at your destination.
The ship is to be engaged and victualled by the Admiralty. A
requesl is to be addressed to that Department to let the ship be
ready to receive her passengers at Bristol, if possible, on the 27th
of July.
It is to be observed that the Passengers Act.* besides limiting
the number of Passengers and crew combined, to Two persons for
every five rrons Register, also requires that the number of Pas-
sengers taken on board should not be greater than after the number
of one for every fifteen superficial feet of the lower deck, two chil-
dren between 7 and 14 years of age and three under 7 being reckoned
as one passenger. You will bear this Regulation in mind in com-
puting the number of persons you can receive on board.
I shall have occasion to address you again on the means of pro-
viding a proper supply of books for the use of the Emigrants.
In order that the Colonial Government may have every informa-
tion of the views taken here from time to time, and of the pro-
gress made in execution of the very judicious schemes which they
have laid down, you will be good enough on your arrival to produce
to the Governor, for his perusal, the several Instructions and Com-
munications you may have received from me during your service
in this country.
It only remains for me to state that the remuneration for your
services will consist of the difference between half pay and full pay,
to be paid to you by the Colony from the date of the Secretary of
State's letter acquainting you with your appointment, and of an
allowance of 10s. 6d. per diem to cover all your expences so long as
you are engaged in the selection of Emigrants; and that you will
further enjoy a gratuity not exceeding £150, which will be accorded
to you by the Colonial Government on your arrival, should they be
satisfied with your performance of the duty.
The Lords Commissioners of the Admiralty have consented that
the time of Naval Surgeons should reckon on this service as if they
were employed in Convict Ships. £80 will be allowed to you for
the mess on the voyage out, and £100 for the mess and passage home.
I have, &c,
T. F. Elliot.
[Sub-enclosure No. 3.]
Mr. T. F. Elliot to Dr. Rogers.
Sir, Colonial Office, 10th July, 1S37.
I propose on the present occasion to furnish you with the [nstructions
directions which it appears advisable you should receive respecting to surgeon
your proceedings during the passage and on your arrival at Sydney. j^rdv°yJije
Previously to your departure, yon wdll supply me with a list of arrival in
the passengers according to the forms herewith inclosed. You will sydn<?y-
* Note 3.
38
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 July.
Instructions
to surgeon
for voyage
and upon
arrival in
Sydney.
keep a journal during the voyage of all matters concerning the
condition and conduct of the Passengers, and will avail yourself of
every opportunity of sending intelligence of your progress; and. on
reaching your destination, you will report by the first ship the fact
of your arrival, as well as of any occurrence that may require more
immediate notice. You will afterwards make a farther report com-
prising your observations upon the mode in which the victualling
and fitting of the ship were executed, on the character and
demeanor of the Master and officers, and above all on the conduct.
Health and general welfare of the People under your charge. You
will mention any faults that you may have remarked in the nature
of the arrangements, and will state how you would propose to
obviate them hereafter. In case of any deaths on Board, it will be
desirable that, in your account of the causes, you should especially
point out the exent to which you think the unfortunate event at-
tributable to the voyage, in order that no unnecessary addition may
be given from this source to the vague terrors which are apt to be
entained by persons unacquainted with the Sea. To the general
report I have thus requested, you will annex an Alphabetical List
of the Emigrants, according to the specimen afforded by the en-
closed schedule, describing the mode in which they are distributed,
at what wTages, and in whose employment, taking care to give their
Employer's address in such manner that Letters to them by the
Post would duly arrive. It is in every point of view important to
have the means, which this Return would afford, of satisfying the
Inquiries of the Relatives and Friends of Parties who have emi-
grated.
The preceding Remarks will, I think, suffice to explain the nature
of the communications wffiich it is desirable you should hold with
this Office. With respect to your conduct during the Voyage. I am
aware that your success must mainly depend on your own judg-
ment and zeal, and the discretion with which you may meet special
circumstances as they arise. But, as some very judicious Instruc-
tions on the subject generally were framed by the London Emigra-
tion Committee for the use of the Superintendents whom they em-
ployed, and have been pointed out by the Colonial Government at
Sydney as worthy of observation, I shall endeavour briefly to intro-
duce here the spirit of so much of them as is applicable to the
occasion.
The propriety of treating the Master with a due consideration
for the office he fills in the Ship need scarcely be mentioned. Un-
less a mutual respect be shewn on board by those who have
authority, none can be expected from those who have it not. The
subordinate officers are also not without appropriate powers and a
station of their own. which ought not to be derogated from. And it
must further be obvious that, in any arrangements for the good
of the Passengers which require the Master's cooperation, there
would be a great advantage in having his concurrence as well, so
as to enjoy a willing instead of a reluctant aid. Without entering
any more into this topic. I may merely mention, by way of illus-
trating the view which is taken of it, that, in cases where the
assistance of the Carpenters or any of the Sailors may be wanted,
the expediency has been suggested of always procuring it thro' the
intervention of the Commander of the Ship, or the Officers of the
Watch.
GLENELG TO BOURKE. 39
In the Vessel where you have your charge, there will be no such 1837.
direct control over the People as in the case of convicts' Ships; it 21 Julv-
is by moral means of Government therefore that you must hope to instructions
preserve order by kindness and justice and a rigid impartiality. to surgeon
There is nothing in which both the comfort and the good order J"dv1JJ2!fe
Of the Passengers may depend more than on the judicious assort- arrival in
nient of the .Messes. The number to be placed in each is a point Sydney.
for your consideration. Eight formed the Mess in the Ships sent out
with Females by the London Emigration Committee. Hut whatever
be the number you will not fail to see the importance of as much as
possible placing together the persons, whose attainments and grade
in Society and previous habits fit them the most to become com-
panions. You will be able to judge how far the appointment of a
Head to each Mess would be advantageous. In all the Messes.
some individuals will probably be found soon to gain an ascendency
over the rest ; and. in cases where if seems to admit of a good direc-
tion, it may perhaps be a resource to you to support the influence of
such natural leaders and convert it into an agency conduceive to
your own views.
Cleanliness and ventilation are two requisites which cannot be too
scrupulously attended to. Employment in making clothes and nets,
if the means exist on board, or in fact any useful employment,
should be as much as possible encouraged, both for its conduceive-
ness to health and to order. A sufficient number of Bibles and of
Religious and Moral and entertaining Works will be placed in the
Ship. Besides occupying their minds, if will of course be important
to rhe health of the people that they should freely take the air on
Deck. You will endeavour to settle the best method of their doing
so without inconvenient interruption to the business of the ship.
You will on all occasions, when the weather permits, read Divine
Service to the People upon Sundays, and Prayers upon other days.
Independently of the higher motives for this duty. I am sure you
will not overlook the variety of the advantages that must result
from a daily assemblage of the People for so solemn a pnrpose.
In case of any emergency, demanding for the health of the Pas-
sengers that you should call in at some intermediate Port for
Water or refreshments, you will be at liberty to make the requisite
purchases, drawing Bills for the same at 30 days' sight on Edward
Barnard. Esq.. Colonial Agent. Xo. 2 Parliament Street. London,
and sending immediate advice of the same : but you must under-
stand that no such stoppage is to be made except in case of abso-
lute necessity, and that you must provide yourself with the best
certificates you can obtain from any resident British Authorities, or,
if there be none, from some of the principal Mercantile Houses,
that your purchases were made on as reasonable terms as the time
and place would afford. But it will be your duty to produce to the
Colonial Government, at the first opportunity after your arrival,
a statement of your grounds for having had resource to this
measure.
On reaching Sydney you will immediately report your arrival to
the Colonial Secretary there, and request Instructions upon the dis-
embarkation and disposal of the Emigrants.
I have, &c.
Tho. F. Elliot.
40
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 July.
This paper to be filled up, and one Copy of it transmitted to the
Agent General of Emigration previously to departure.
Forms for lists Alphabetical List of Emigrants on board the Ship which sailed from
of emigrants. on the and arrived in Port Jackson on the
Surgeon
Number
Name
Native place, Parish or Town and County
Age
Married or Single
Children (Male)
,, (Female)
Religion
Education read or write
Place of Occupation
Character on embarkation and conduct on board
Remarks.
N.B. — At the end of the List write a Summary of the numbers of the different
Trades or Callings embarked after the following manner: —
Agricultural Labourers 20
Blacksmiths 3
Carpenters 5
This Paper to be filled up during the Voyage in order to facilitate
the distribution of the People on arrival.
List of Mechanics, etca., on board the Ship which Sailed from
on the , and arrived at Port Jackson on the Surgeon,
; Master, Alphabetically arranged under their respective
Trades.
Blacksmiths. Carpenters. Agricultural
Number Labourers.
Name
Native place, Parish or Town and County
Age
Married or Single
Children (Male)
,, (Female)
Religion
Education, Read or write
Character on embarkation and conduct on
board
Relatives in New South Wales
Name
Address
Remarks
Salaries voted
by council for
assistant
engineers and
military
overseers
of convicts.
Sir Eichard Bourke to Lord Glenelg.
(Despatch No. 63, per ship Caroline.)
My Lord, Government House, 21 July, 1837.
Keferring to my Despatch of the 29 Deer, last, No. 139, I
have the honor of reporting to Your Lordship that, according
to the expectation I therein expressed, the Legislative Council
have consented to include in the Colonial Estimates for 1838 the
pay of Assistant Engineers and Military Overseers of Convicts
employed on the roads and public works, an expence which is at
present borne by the British Government as a Convict charge.
This will complete the financial part of the arrangements, which
I have proposed in former communications upon the subject of
the improved management of the Convict Gangs; and I have
GLENELG TO BOURKE. U
much satisfaction in the proof afforded by this unanimous vote 1837.
of the sense, entertained by the Council, of the superior utility
of the new system, with reference to the advantage derived by
the Colony from the labor of the Convicts, no less than with refer-
ence to their penal discipline.
Nothing now remains to be considered with regard to these Request for
arrangements, except the Colonial allowance which was previously aUowanee*
voted by the Council to Major Barney the Commanding Koyal voted for
Engineer, who is necessarily placed at the head of this important
branch of public service. Should the reasons stated in my Des-
patch of the 12th February last have failed fully to convince your
Lordship or the Lords Commissioners of the Treasury of the
propriety of this allowance, I trust that, in connexion with the
vote of Council I now report, the sanction of His Majesty's Gov-
ernment will no longer be with-held. I have, &c,
Richd. Bourke.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 34S, per ship Waterloo.)
Sir, Downing Street, 23 July, 1837. 23 July.
With reference to your despatch No. 133 of the 30th of Correspondence
November last, I am directed by Lord Glenelg to transmit to you, department,
for your information and guidance Copies of a correspondence
which has passed between the Director General of x\rmy Hospitals
and my Under Secretary relative to the new organization of the
Medical Department in New South Wales. I regret to find that
Dr. Thompson should have felt reason to complain of vexatious
obstruction on the part of any of the Colonial Medical Officers;
and I need not, I am confident, impress on you the necessity of
affording him every support and assistance in your power in
carrying into effect the objects contemplated by the Govt, in
Dr. Thompson's Appointment. I have, &c,
Glenelg.
[Enclosure No. 1.]
Sir James McGrigor to Under Secretary Stephen.
Sir, Army Medical Dept., 27 June, 1837.
With reference to yr. letter of 20 Deer, last rel. to a New
Organization of the Colonial Hospitals in N. S. Wales and to my
letter of the 31st of the same month, I beg to submit for the in-
formation of Lord Glenelg the following Statement. •
I regret much to find by the Correspondence of the Deputy In- obstructions
spector General of Hospitals that he experiences great difficulty in encountered by
carrying into Execution the Instructions- with which he was J- v- ThomPson-
charged under the order of the Lords Coinmrs. of the Treasury and
of the Secy, at War.
I am inclined to agree with Mr. Thompson in his statement that,
if permitted fully to carry thro' the Instructions and new model
* Note i.
42
HISTORICAL RECORDS OF AUSTRALIA.
1837.
23 July.
Obstruction
by colonial
medical
officers.
Criticism of
tone adopted
by
J. V. Thompson,
Want of
medical
store-house.
Storekeeper
required.
Travelling-
allowance for
J. V. Thompson
the Medical Dept. in the Colony, a very considerable saving of
Public Money wd. be effected.
Mr. Thompson complains that he has met with vexatious obstruc-
tion from some of the Colonial Medical officers at the outset ; per-
haps it is but natural that some of these gentlemen slid, at first feel
a new controul irksome, and complain of more duty being imposed
upon them than under the old system, so as to interfere with lucra-
tive Private Practice or their avocations as Agriculturists; but I
trust that Ld. Glenelg will see the necessity of giving support to
the officers sent out, as I feel confident that, if the new system is
persevered in, great advantage to the Public with much saving of
money will accrue.
I am not prepared in every instance to support the tone of
Mr. Thompson's querulous correspondence ; and I have so expressed
my disapprobation of it that I trust this most zealous and ex-
perienced officer in the duty he has undertaken will henceforth be
more respectful in all his correspondence with the Governor as
well as with the heads of all the Departments of that service ; and
I am of opinion that henceforth no infirmity of temper will be be-
trayed by the Deputy Inspector General of Hospitals, for he has
been informed, if such slid, appear, that he will be superseded by
an officer on whose discretion, prudence and zeal for the service I
can fully rely. In justice however to Mr. Thompson, I ought to
say that during a long period of service I have ever found him an
able and honorable officer, one who has constantly evinced the most
indefatigable zeal on every service on which he has been employed,
acting with discretion, prudence, and forbearance ; I therefore
entreat for him the support of Ld. Glenelg in the execution of the
important and arduous duties of his Appointment. I ought to state
that only 2 of the Colonial Medical officers persevere in their resist-
ance of his orders. I beg particularly to bring under his Lordship's
consideration the very great want experienced of a proper Store-
House for the Medical Stores with sufficient space for their arrange-
ment. Very much inconvenience and great loss to the Public with
much confusion of accounts will ensue, if this be not granted
immediately; hitherto none of the regular and periodical Returns
of Stores with Accounts of Issues and Disbursements have been
received at this office, and the cause assigned is the want of a
proper Store room with the aid of two Porters and an Assistant to
the Apothecary. I consider this assistance to be absolutely necessary
and hope to be pardoned for pressing that Orders may be given
on the subject.
Mr. Croft, Deputy Purveyor to the Forces, who has charge of
the Accompt Branch of the Colonial Hospitals, and who is likewise
Acting Apothecary to the Forces, requires a qualified person to
assist him in the Medical Stores ; and I beg leave to recommend
that he be allowed such aid at a remuneration of 5s. per Diem
with a Ration and Lodging; and that he receive the further assist-
ance of a couple of unpaid Porters from the Convict Barrack.
In conclusion, I beg to submit my opinion that the Travelling
Allowance to the Deputy Inspector Genl. of 5s. a day is quite in-
adequate, and that, when Inspecting the Hospital Establishments
at a distance of ten miles and upwards from Sydney, the allow-
ance should be 21s. a day, the same as is extended at Jamaica and
other Foreign Settlements. i am? &c>>
J. McGrigor, Director General.
GLEXELG TO BOUKKE. 43
| Enclosure No. 2.] 1837.
Under Secretary Stephen to Sir J. McGrigor.
Sir. Downing Street, 24 July, 1S37.
I have reed, and laid before Ld. Glenelg yr. letter of the Letter
27 Ulto. rel. to the New Organization of the Colonial Hospitals in acknowledged.
X. s. Wales.
His Lordship directs me to transmit to you for yr. information
a copy of a Letter* from The Secretary to the Treasury bearing
date the 6th of February la'st. copies of which have been sent to the instructions
Governor of X. S. Wales and to the Lt Govr. of V. D. Land for sent to colony.
their guidance; and his Ldship. trusts that the necessary measures
will in consequence have been taken by the Local Authorities for
granting to the Medical officers in both Colonics a fair rate of
pecuniary allowance, and also for providing them with proper
accommodation and requisite assistance in carrying on the duties
of their Departments.
I am also directed to transmit to you for your information a copy
of a Despatch- from Lt. Genl. Sir R. Bourke, in which he states his
concurrence in the recommendation of the Dep. Inspector Genl. of Proposal for
Hospitals as to the Appointment of Assistant Surgeons from the aPPoi ^en* °*
Army Staff Pay List to the charge of the General and Convict a,m-vsur~eo1
Hospitals at a lower rate of Lay than that which is now issued,
and adverts to the progress made by Dr. Thompson in carrying
into effect the new arrangements. Ld. Glenelg attaches considerable
importance to an active and judicious Superintendence of this
branch of the Public Service in the Colonies of X. S. Wales and
V. D. Land. His Ldship. regrets that Dr. Thompson slid, have
found reason to complain of vexatious obstruction on the part of
the Colonial Medical Officers. Ld. Glenelg will, however, transmit
a copy of your letter to Sir P. Bourke, altho' he feels confident
that that officer is already prepared t<» afford every assistance in
his power to Dr. Thompson, who Ld. Glenelg trusts will eventually
succeed in overcoming the difficulties inevitably attendant on the
position in which he is placed. j o
James Stephen.
Lord Glexelg to Sir Eichard Bourke.
(Despatch Xo. 349. per ship Waterloo.)
Sir. Downing- Street, 24 July, 1837. 24 July.
I have received your Despatch Xo. 122 of the loth Xo- Despatch
vember last, notifying the return of the Surveyor General frorn
his Expedition into the Interior of Xew Holland, and enclosing
the outline of his Eoute.
I have much pleasure in acknowledging the importance of the Approval of
Service rendered by Major Mitchell on this occasion, and the T.r£°Mitchell.
ability and zeal with which it appears to have been discharged.
On the subject of his conduct towards the Aborigines, my opinion
will be expressed in another Despatch. t have, &c,
Glexelg.
* Note 5.
44
HISTORICAL RECORDS OF AUSTRALIA.
1837.
24 July.
Despatch
acknowledged.
Charges
against
J. Wighton.
Opinion re
charges made
by J. Reid.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 350, per ship Waterloo.)
Sir, Downing Street, 24 July, 1837.
I have received your Despatch No. 125 of the 22d of No-
vember last, in answer to the representations of Mr. James Reid
that you had neglected to consider certain charges brought by
him against Mr. Wighton, a Magistrate of the Colony.
The injustice of the charges preferred against Mr. Wighton
having been established by the Verdict of a Jury in that Gentle-
man's favour, it appears to me that no advantage could pos-
sibly arise from pursuing the discussion any further. In the
absence of any Report of the Trial, it is of course impossible
for me to ascertain the substantial identity of the charges pre-
ferred by Mr. Reid, and of those to which the Verdict have re-
ferred; but I rely with entire confidence on your statement of
that fact.
It is impossible to peruse the correspondence between Mr. Reid
and the Colonial Secretary, and the Report of the Attorney and
Solicitor Genl. of your Govt., without adopting your opinion that
the strongest possible presumption arose and might fairly be
entertained against the justice of Mr. Reid's charges and the
motives in which they originated. As a general rule, however,
I am disposed to doubt whether, in the result, it is not usually
more convenient to afford an accused Party the opportunity of
repelling accusations, however improbable they may be, and how-
ever unworthy of respect the Apparent motives of the Accuser,
since there will seldom be found any other method of silencing
even the most injurious slander. j have &c.
Glenelg.
Objections
to act for
defence of
felons by
counsel.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 66, per ship Caroline; acknowledged by lord Glenelg,
26th October, 1838.)
My Lord, Government House, 24 July, 1837.
Having, in accordance with the instruction contained in
your Lordship's Despatch of the 5th September last, No. 207,
laid before the Legislative Council a Bill for adopting in this
Colony the Act of the last Session of Parliament for enabling
Persons indicted of Felony to make their defence by Counsel or
Attorney, I have the honor to transmit a copy of a Resolution
stating certain reasons* for deferring such adoption until the
Establishment of Circuit Courts throughout the Colony. As that
resolution contains the general opinion of the Members, and as
Note 6.
BOUKKE TO GLENELG. 45
the obstacle referred to will probably be speedily removed, Your 1837.
Lordship will, I trust, approve of my with-drawing the measure
for the present without pressing it to a division.
On the Establishment of Circuit Courts, I do not expect any
difficulty in its passing the local Legislature of the day so far
as its general principle as applicable to free persons is concerned.
But, as there are some questions that may arise in its application Problems re
to the Convict Population, it would be desirable if, during the acTtoconvidf
interval of delay, Your Lordship's views regarding them were population.
communicated to this Government.
1. With regard to the summary jurisdiction of the Magistrate
over Convicts on the complaint of the Master for misbehaviour,
the application of the provisions of the Act will in general be con-
sidered objectionable, and I concur in thinking they would be
subversive of the control which it is necessary to exercise over
the Convict Class. It is also to be observed that, in preferring
complaints of this sort, either the Master or an overseer attends
personally, professional agents never being employed on such
occasions.
2. Taken in another point of view with regard to Convicts,
both in the above and all other cases the act might be considered
nugatory, since these Persons are not supposed to have the means
of paying Counsel, or the fees required for copies of Evidence.
It is possible, however, that, when prosecuted for serious offences
at Quarter Sessions or in the Supreme Court, their friends
would obtain for them the assistance of Counsel, and therefore
the right to employ professional agents ought not to be denied
to them. For the same reason, they should be allowed to obtain
copies of depositions upon paying the regulated fee.
I have no doubt however that, when the measure is again
brought forward, it will be a matter of debate whether convicts
actually under servitude shall, in any case, be entitled to the
benefit of the law. Its entire denial to this class of Persons has
been strongly urged in some of the Colonial Newspapers, and I
believe many of the present Members of Council would vote this
way. It is therefore highly desirable that the view taken of this Necessity for
part of the subject by Your Lordship should be communicated to lllstructlons-
the local Government before the law is again brought under
discussion. I have, &c,
ElCHD. BOURKE.
[Enclosure.]
[A copy cf this resolution, dated 11th July, 1887, was printed
in the " Votes and Proceedings" of the legislative council.']
L6
HISTORICAL RECORDS OF AUSTRALIA.
1837.
25 July.
Despatch
acknowledged.
Regret at
necessity for
resignations of
J. Kinchela.
Inability to
appoint
J. Kinchela
as puisne judge.
Appointments
to supreme
court bench.
Proposed
financial
appointment
for J. Kinchela,
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 352, per ship Waterloo.)
Sir, Downing Street, 25th July, 1837.
I have had the honour to receive the Duplicate of your
Despatch No. 135 of the 2nd Deer, last, in which you suggest the
appointment of Mr. Kinchela to the Bench in Van Diemen's
Land, or, should circumstances prevent his holding a Judicial
Situation, to some Office Connected with Finance.
I cannot advert to the case of Mr. Kinchela without lively
regret. It has been my painful duty to call upon that Gentleman
to resign the office of Attorney General on account of his deaf-
ness, and the same irksome task is now to be performed with
reference to the Judicial Office to which Mr. Kinchela has been
provisionally advanced.
Sir Francis Forbes* having tendered his resignation of the
office of Chief Justice, it became necessary to decide whether
Mr. Kinchela could be permanently called to the Bench, and it
was with deep reluctance that I decided against that measure.
The infirmity under which Mr. Kinchela unhappily labours
having been found so extreme as entirely to disqualify him for
the duties of Attorney General, I felt myself bound to regard
it as a disqualification for the Judicial Office also. Indeed the
obstacle appeared more serious in the latter than in the former
case, especially as a Judge, incapable of distinctly hearing the
evidence on Criminal Trials, must be in danger of Committing
the most fatal errors. It appears, indeed, from the present Des-
patch that " Mr. Kinchela's deafness has been proved not wholly
to disqualify him for the Judicial Office." This report, dictated
as it obviously is by the most kind and considerate solicitude
for Mr. Kinchela's interests, has confirmed my apprehensions
on the subject, and has rendered it impossible for me to assume
the responsibility of advising Her Majesty to appoint Mr. Kin-
chela to the vacant Seat on the Bench. The elevation of Mr.
J. Dowling to the Chief place on the Bench raises Mr. J. Burton
to the second, and the third will be taken by Mr. Willis whose
appointment has been announced to you.
You have been misinformed as to an expected Judicial Vacancy
in Van Diemen's Land, but the objection to Mr. Kinchela would
of course apply with equal force in either Colony. I entirely sub-
scribe to your opinion that if any vacancy should happen in the
Financial Depts. adequate to Mr. Kinchela's pretensions, he
should be promoted to it. In the meantime he must resume his
retired allowance. j haye> &Q ?
Glenelg.
Note 7.
GLENELG TO BOURKIO. 47
Loud Glenelg to Sir Richard Bourke. i837.
26 July.
(Despatch No. 353, per Ship Waterloo.)
Sir, Downing- Street, 26 July, 1837.
I have reed, your Despatch of the 25th January, No. 7, Despatch
enclosing a copy of the proceedings of the Executive Council of ac'nmv e gec-
New South Wales relative to the attack made on the Black
natives by the exploring party under Major Mitchell's orders on
the 27th May, 1836.
In adverting to this very painful subject, I must commence by Approval of
expressing my cordial approbation of the Thirteenth Article of ^L^mtcheli0
the Instructions* which you addressed to the Surveyor General r« natives;
before the Commencement of his Journey, inculcating upon him
the duty of conciliating the Natives, of exhibiting towards them
the utmost forbearance, even in the event of a hostile demon-
stration, and of abstaining from the use of Fire-Arms unless the
safety of the Party should absolutely require it. I have also
observed with much satisfaction the conduct which you pursued and of
on receiving Major Mitchell's Keport, suppressing in your pub- ?J*i5qSty.
lication of it those passages respecting the Aborigines by which
the reputation of that officer might have been compromised, and
at the same time instituting before the Executive Council a
careful enquiry into the real nature of the transaction. It was
impossible to combine a more lively solicitude for the welfare of
the Aborigines with a more just anxiety to protect Major Mit-
chell's well-earned reputation.
My thanks are also due to the Members of the Executive Coun- Commendat
10i)
oil for the diligence with which they conducted the enquiry; and cou^ciL Ue
it is highly gratifying to observe the spirit of enlightened
humanity which is exhibited in their deliberations.
I can readily enter into the feelings with which you yielded Reluctance of
to the necessity of bringing into question the conduct of the Sur- ^inquiry.1 Ce
veyor General, at the very moment when he had completed his
third Journey of Discovery. Major Mitchell had performed a
service* of great fatigue with no small hazard to himself and his
Party, and had made a very valuable addition to our knowledge
of the Geography of the Interior of New Holland. It must,
therefore, have been peculiarly irksome to you to act in any
manner which might subject you to the misconstruction of being
insensible to the value of such Services, or ill-disposed towards
the Author of them. That Major Mitchell himself should have
fallen into such misconception is matter perhaps rather of con-
cern than surprize. A very large indulgence must be made for
such feelings under such circumstances.
It appears to me impossible to acquit Major Mitchell of the
error of having drawn up his Report, so far as it related to the
* Note 8.
48
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
26 July.
ism of
report by
T. J,. Mitchell.
Principles
suggested for
policy towards
natives.
Aborigines, in very injudicious terms. The Evidence of the
Witnesses and his own subsequent Explanation shew that the
language of his Report did less than justice both to the Conduct
which he pursued and to the motives by which he was actuated.
I will not follow him or the Council into a particular review of
his original language. Without denying that it is fairly sus-
ceptible of the favorable construction which he has given it, I
am compelled to acknowledge that, unassisted by his explanatory
remarks and by the testimony of the Members of his Party, I
should have drawn from the original Report the same conclusions
as were deduced from it by yourself and by the Members of the
Executive Council.
It is happily superfluous for me to impress upon you the
general principles to be observed in your conduct towards the
Aborigines. I shall soon be enabled to transmit to you the Report
of the Committee* of the House of Commons on this subject
made before the close of the present Session, and I have reason
to suppose that you will there find the result of much diligent
enquiry and reflection. For the present, therefore, I confine
myself to remarks, which may perhaps appear to proceed on a
less comprehensive view of the subject than under the circum-
stances I should have thought it right at least to attempt.
Your Commissionf as Governor of N. S. Wales asserts H.M.'s
Sovereignty over every part of the Continent of New Holland
which is not embraced in the Colonies of Western or Southern
Australia. Hence I conceive it follows that all the natives in-
habiting those Territories must be considered as Subjects of the
Queen, and as within H.M.'s Allegiance. To regard them as
Aliens with whom a War can exist, and against whom H.M.'s
Troops may exercise belligerent right, is to deny that protection
to which they derive the highest possible claim from the Sov-
ereignty which has been assumed over the whole of their Ancient
Possessions. I am well aware that legal maxims of this kind will
not serve for the solution of practical difficulties such as those in
which Major Mitchell was involved, and that, in extreme Exig-
encies of that nature, Public Officers are not to be governed
altogether by Ordinary rules. At the same time it appears to
me necessary that those rules should be steadily borne in mind
in estimating the apology made for an occasional departure from
them. If the rights of the Aborigines as British Subjects be
fully acknowledged, it will follow that, when any of them comes
to his death by the hands of the Queen's Officers, or of persons
acting under their Command, an Inquest should be held to ascer-
tain the cause which lead to the Death of the deceased. Such a
Note 9.
f Note 10.
GLENELG TO BOURKE. t9
proceeding is important not only as a direct protection to So- [837.
. i n i 'x • ,i 26 July.
ciety at large againsl lawless Outrage, bu1 as n impresses on the
Public a jusl estimate of the value of Euman Life. I am of Jj^ltJjf01
course aware that in such a case as the present it would have policj to
been impossible to hold an inquisition Kef ore the Coroner. But
I am no' satisfied thai a proceeding identical in principle, and
corresponding to a eta-tain extenl even in form, might not hav<
been advantageously taken. For example, Such of the Justic
of the Peace as hold Commissions extending over the whole
Colony might, 1 apprehend, have been required to hold a public
enquiry into the circumstances which occasioned the Deaths of
the Aborigines, and to report the result to you. An impressive
might, it should seem, have thus been given of the import-
ance attached by the Government to the Life of a Native, and
the exculpation of Major Mitchell would have been more satis-
factory both to the Public at large and to himself. If it should
bjected that such a proceeding would have been in any sense
of the term an indignity, I would reply that to he furnished with
an opportunity of removing a reproach incurred in the discharg
of a public duty is not usually regarded as injurious by any man.
either in Civil or Military Life, and that the respect for public-
opinion by which Our Countrymen are distinguished reconciles
them to such investigations, while the prevailing sense of jastiee
affords an ample security on such occasions even against the
Current of popular prejudice.
It is perhaps rather with a view to the future than to the past
that the preceding suggestions may be useful. I see no reason Approval of
to dissent from the general conclusions of the Council that council1?,^ °
Major Mitchell's conduct, if not entirely discreet, was far less S?IJ*u^t. °f,
open to censure than might have been inferred from his own towards
report of it. Xor am I disposed to doubt that the melancholy natlveB-
destruction of human life in obedience to his orders was occa-
sioned and justified by the necessity which is alleged in its
defence. Such, however, is my anxiety to acquit myself of my
own duty on this occasion, and to avail myself of all the means
which I possess for protecting the Aborigines against future
aggressions, that I must instruct you to refer all the documents Papers to be
to your legal advisers, directing them to state whether they find legSopinioru
any cause to doubt the lawfulness of Major Mitchell's proceed-
ings, or to regard a further enquiry necessary for vindicating the
Authority of the Law. If, contrary to my expectations, they slid,
recommend and you slid, see fit to adopt any such ulterior pro-
ceeding, it is I know quite unnecessary to impress upon you
the propriety of consulting to the utmost possible extent Major
Mitchell's feelings and convenience. It would be difficult to
Ser. t. Vol. XIX— D
50
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
26 Julv.
exaggerate the reluctance with which I should adopt any
measure apparently at variance with the gratitude, which Her
Majesty's Government feel for Major Mitchell's services, and
(.he respect which they entertain for his character.
I have, &c,
Glenelg.
Transmission
of returns of
expenditure.
Instructions
requested.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 68, per ship Caroline.)
My Lord, Government House, 26 July, 1837.
I have the honor to forward herewith three Returns of
alterations of Expenditure of this Colony defrayed from the
Military Chest, and three similar Returns of the Expenditure
of the Colonial Treasury, which I regret to find have fallen into
arrear. One of the former still remains due, but I have given
such instructions as will not fail to lead to its being ready for
transmission by the next opportunity.
In the mean time, however, I beg permission to recal the
attention of Your Lordship to the applications, which I have had
occasion to make for further instructions regarding these Re-
turns in my Despatches of 9 May, 1835, No. 46, and of the
24th November last, No. 127.
When, in reply to the,se communications, the intention of His
Majesty's Government as to the mode of preparing these docu-
ments is fully and finally explained, I trust no further irregu-
larity will occur in their transmission. I have, &c,
Richd. Bourke.
[Enclosures.]
[Copies of these statements have been omitted.^
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 69, per ship Caroline; acknowledged by lord Glenelg,
11th December, 1837.)
My Lord, Government House, 27 July, 1837.
I avail myself of the opportunity of a ship for London to
report the arrival of the Emigrant Vessels " John Barry " and
" Adam Lodge " both on the 13th instant.
By the accompanying Lists, your Lordship will perceive that
several deaths, chiefly of children, occurred on board each of
these Ships during the voyage, and I am sorry to add that the
Ship John Barry contagious nature of a fever, which prevailed in the John Barry,
rendered it necessary to place her for some days in Quarantine
and to land the Emigrants at Spring Cove under a similar
27 July.
Arrival of
immigrant
ships John
Barry and
Adam Lodge,
quarantined.
GLENELG TO BOURKi:. 51
restriction. The Ship having been cleansed and fumigated is 1837.
now with the Crew and Cabin Passengers released. The Emi-
grants still continue on the Quarantine Ground; but, no new Expected
case of disease having occurred for some days and the number j^Jr£nts •
in Hospital consisting of five only, it is probable that all those from
. , C, -i, , , :,., . j. i quarantine.
m health will be set at liberty m a lew days.
No symptoms of infection having appeared on board the "Adam Employment
Lodge," she was admitted at once into Port, and nearly all her ^j£igrants
Passengers are already profitably employed, both for themselves Adam Lodge.
and the Colony.
Further particulars will be communicated with regard to the
disposal of the Emigrants arriving by these vessels as soon as
circumstances permit. I have, &c,
RlCHD. BOURKE.
| Enclosures. 1
[Copies of these lists are not available.']
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 354. per ship Waterloo; acknowledged by
Sir George Gipps, 2nd March, 1838.)
Sir, Downing Street, 28 July, 1837. 28 July.
With reference to your Despatch Xo. 134 of the 1st of Despatch
December last, relative to the measures to he adopted for supply-
ing the Colonial Agent with Funds in consequence of the dis-
continuance of the system of permitting Private Individuals to
remit Money to the Colony through the Agent, I am directed by
Lord Glenelg to transmit to you, for your information and guid-
ance, copies of correspondence which has passed between this
Department and the Board of Treasury on the subject; and I
have to request that you will take immediate measures for re-
paying into the Military Chest the Sum of Twenty Thousand Advance to be
Pounds which has been advanced to the Colonial Agent by the military chest.
Board of Treasury to enable him to meet the demands on him
on account of Emigration. I have, &c,
Glenelg.
[Enclosure Xo. 1.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street. 17 July, 1S37.
With reference to former correspondence of the dates speci- System
tied in the margin. I am directed by Lord Glenelg to transmit to sir R^nmn'ke
yon. to be laid before the Lords Commrs. of the Treasury, the for providing
enclosed copy of a Despatch from the Governor of N. S. Wales vol. funds for
to the measures ro be adopted for supplying the Colonial Agent colonial agent.
with funds in consequence of the discontinuance of the system of
52
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
2S July.
System
proposed by
Sir R. Bourke
for providing
funds for
colonial agent.
Advance by
English
treasury to
colonial agent.
permitting Private Individuals to remit Money to the Colony thro'
the Agent. And T am to request that yon \yU\ call the attention of
the Lords Commissioners to the suggestion of Sir R. Bourke as to
the mode of supplying the Colonial Agent with Funds by advances
from the British Treasury, the amount of such advances being
repaid, on advice, into the Military Chest in the Colony from the
local Treasury.
Adverting to the large and immediate demands which must neces-
sarily from time to time be made on the Colonial Agent to an in-
definite amount, on account of Emigration to the Australian
Colonies, and the difficulty of supplying the Agent with Funds from
the Colony sufficient to meet such demands. Ld. Glenelg conceives
that it will he necessary to adopt some such arrangement with
reference to those particular Colonies as that which is proposed
by Sir R. Bourke. I am. &c,
Ja.%. Stephen.
[Enclosure No. 2.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers. 21 July. 1837.
I am commanded by the Lords Commrs. of H.M. Treasury
to acquaint yon. for the information of Lord Glenelg with reference
to yr. letter of the 17th inst.. transmitting copy of a Despatch from
the Gov. of N. S. Wales, rel. to the measures to be adopted for
supplying the Colonial Agent with funds in consequence of the dis-
continuance of the system of permitting private individuals to
remit money to the Colony through the Agent, that my Lords,
having had under consideration an application from the Agent
Genl. for X. S. Wales for an advance of £20.000 on account of the
Col'l Govt, to enable him to defray charges for which he had been
instructed provide by a letter addressed to him by you on the
12th Inst.. I am given directions for such advance; and I am to
request that you will move his Lordship to Cause Instructions to
be conveyed by the earliest opportunity that may offer to the Gov.
of X. S. Wales to let the said Sum of £20,000 be paid over without
delay to the Military Chest on the Station from the Emigration
or other Colonial Funds, upon which the services the Agent is called
upon to defray is chargeable. I am. &c.
A. Y. Spearman.
Sir Richard Bourke to Lord Glenelg.
(Despatch Xo. 70. per shin Caroline: acknowledged by lord Glenelg.
30th January. 1838.)
My Lord, Government House. 28 July, 1837.
As a Ship is now about to sail for London, and as such
opportunities for forwarding Despatches do not occur with regu-
Transmisbion of larity at this period of the year, I avail myself of the present to
lEftoJltsa* transmit Copies of the Appropriation Act of this Colony for the
year 1838. The Bill has this day been read a second time and
agreed to as printed; and, as by the Rules of Council no altera-
tion of the clauses can take place when the Bill is reading for
BOURKE TO GLENELG. 53
the third time, it may now be considered as finally disposed of, ^s,37,',
though a week musl elapse before it be formally passed.
In the Minute on the Estimates, which 1 had the honor to for-
ward on the 8tb Llist., Four Lordship has found a full explanation Explanation of
of the principal items of expenditure, and particularly of any expen
additional or novel charges. The Council have agreed to the
estimates nearly as they wore presented, being satisfied that it
will be as useful to the Colony to accomplish the objects for
which a casual expenditure is required, as it is necessary to keep
up or augment the existing Establishments. The sum appro- [ncreasein
priated* is d extraordinary magnitude for a Colony of such SS'SveuuS11'
recent date; but the state of the Treasury affords it, and I am
bappy to say that the Revenue continues to encrease. The duties
i)( Customs have in the last six months of this year exceeded
considerably the amount of the same period in the last.
When 1 state that the present condition of the Treasury affords
this large expenditure, I might have added that it actually re-
quires it, and that it is an unfortunate circumstance for the Disposal of
Colony that the want of labor prevents the Government from Svenue
disposing of its surplus Revenue upon useful objects as fast as ^nSnabour.
it comes in. In my Despatch of the 1st January last, No. 1, I
have had the honor to request your Lordship's attention to this
matter, and may therefore conclude this subject by expressing
my hope that His Majesty's gracious allowance may be obtained
for the Bill now transmitted.
I beg leave, however, before I conclude my Despatch, to Despatch
acknowledge the receipt of that of Your Lordship dated the renew\ysSm
23 March last, Xo. 276, intimating a new arrangement for intro- of immigration,
ducing Emigrants from Great Britain to the Colony, upon which
it is proposed to expend the whole of the Land Revenue. Such
an expenditure would so much diminish the funds available for Probable
other Colonial objects as to render it doubtful whether the Colony system0
can accomplish them, and bear at the same time the charge of
Police and Gaols, which has been recently transferred to its
Treasury upon the assurance that the surplus of the Land
Revenue was to be appropriated towards defraying the expence.
I purpose to address your Lordship more at length upon this
subject hereafter. j haye> &c>
RlCHD. BOURKE.
[Enclosures.]
[The act of council was 8 Wm. IV ' , No. Jfj a copy of the minute
was printed in the "Votes and Proceedings" of the legislative
council.]
* Note 11.
54
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
29 Julv.
Proposed
passage for
Sir R. Bourke
in ship of war.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 355, per ship Waterloo.)
Sir, Downing Street, 29 July, 1837.
I have the honour to transmit to you, for your informa-
tion, Copies of a Correspondence which has passed between my
Under Secretary and the Secretary to the Admiralty in conse-
quence of an intimation, which I received of your desire to be
provided with a Passage from New South Wales in a Ship of
War either to this Country or to one of the East India Presi-
dencies; and I shall be happy if arrangements can be made for
that purpose without interfering with the movements of the
Naval Force on that Station. I have, &c,
Glenelg.
[Enclosure No. 1.]
Under Secretary Stephen to Mr. C. Wood.
Sir, Downing Street, 18 July, 1837.
Lt. Genl. Sir R. Bourke, who is about to be relieved in the
Govt, of N. S. Wales, having expressed a wish to be provided with
a Passage together with his Suite on board some one of Her Ma-
jesty's Ships of War either to this Country or to one of the East
India Presidencies, I am directed to request that you will state to
the Lords Commrs. of the Admiralty that Lord Glenelg wd. be glad
if such an arrangement cd. be effected without inconvenience to the
Public Service. Sir R. Bourke wd. leave N. S. Wales about the
termination of the present year. I am, &c,
Jas. Stephen.
[Enclosure No. 2.]
Sir John Barrow to Under Secretary Stephen.
Sir, Admiralty, 19 July, 1837.
In return to your letter of the 18th Inst. rel. to the Passage
of Lt. General Sir Richard Bourke from N. S. Wales to this Coun-
try or to one of the E.I. Presidencies on board of one of Her
Majesty's Ships, I am commanded by my Lords Commrs. of the
Admiralty to acquaint you for the information of Lord Glenelg
that orders have been given for this passage if any ship slid, be
coming home from New South Wales. I am, &c,
J. Barrow.
Transmission
of letter from
R. Brenan.
Sir Eichard Bourke to Lord Glenelg.
(Despatch No. 71, per ship Caroline; acknowledged by lord Glenelg.
6th August, 1838.)
My Lord, Government House, 29 July, 1837.
Having communicated to Mr. Ryan Brenan the purport
of your Lordship's Despatch of the 16th February last, No. 266,
in which the supercession of his appointment as Principal Super-
intendent of Convicts is intimated, I have received from that
BOURKE TO GLENELG. 55
Gentleman for transmission the accompanying Letter addressed 91837,'
to your Lordship. At his request, I transmit also a copy of the
letter of Lord Goderich to which he refers.
In appointing Mr. Ryan Brenan to the first office of consider- Disappointment
able emolument, which fell vacant after the receipt of the letter
of Lord Goderich, I conceived that I was fulfilling the instruc-
tion of the Secretary of State and am not therefore surprized
at finding that Mr. Brenan lias suffered a seven1 disappointment
in losing it. I am further hound to observe that Mr. Brenan
discharged the duties with intelligence and zeal.
Some time previous to his nomination as Princl. Supt. of Employment
Convicts, I gave Mr. Brenan the appointment of Coroner for as coroner.1"
Sydney. This office he still holds, as I did not think it would
be fit to deprive him of it, unless your Lordship should confirm his
nomination as Principal Superintendent of Convicts. The net
income, however, of the Coroner's office not exceeding £200 a
year, the preferment must be considered as far below what a
reasonable interpretation of the instruction from Lord Goderich
had led Mr. Brenan to expect. I have, &c,
Richd. Bourke.
[Enclosure No. 1.1
[.4 copy of tli is letter is not available.]
[Enclosure Xo. 2.1
[This was a copy of a letter from Viscount Goderich, dated
1st February, 1833: see page ko3, volume XVII.]
Sir Richard Bourke to Lord Glexelg.
(Despatch No. 72. per ship Caroline.)
My Lord, Government House, 30 July, 1837. 30 July.
I have the honor to inform Your Lordship that instruc- Requisition
tions have been given by this opportunity to the Colonial Agent fSXS
General to procure and forward certain quantities and descrip- roofiner.
tions of Slate, which are required for roofing the public Build-
ings now erecting in this Colony. As I have reason to believe
that this Commission will be best executed by the ordnance De-
partment in London, I have to request Your Lordship will obtain
an instruction to the Board to undertake it.
I am the more anxious for the careful and speedy discharge of
this Commission, as I anticipate considerable benefit to the
Colony by the introduction of a more secure lasting and econ- objections tc
omical description of roofing than- the Shingles now in common shingle roofs'
use. In addition to the danger incurred by roofing with an
L837.
30 July.
Example of
use of slates
government
a by
Possible
prohibition
of timber
rooting in
Sydney.
HISTORICAL RECORDS OF AUSTRALIA.
inflammable material, the Shingles generally made use of last
hut a short time, and great inconvenience is sustained, as well
as expence incurred, in frequent repairs which these roofs re-
quire. An Example being set by the Government in the use of
Slates, it is likely to be followed when the expence is ascertained
to be little more (as I am informed will be the case) than that of
perishable shingles. As yet, no Slate Quarries have been dis-
covered; and, though Tiles could be and have been made here,
they are heavy and in other respects inferior to Slates. It may
be advisable before long to prohibit by a legislative enactment the
use of Timber in roofing within the Town of Sydney.
I have, &c,
Eichd. Bourke.
31 July.
Correspondence
with Revd.
J. D. Lang.
Application
by Revd.
J. D. Lang re
bounty on
immigrants
per ship
Miner en.
Lord Glenelg to Sir Eichard Bourke.
(Despatch No. 356, per ship Emma Eugenia.)
Sir, Downing Street, 31 July, 1837.
I have the honour to transmit to you for your informa-
tion and guidance Copies of a correspondence, which has taken
place between my Lender Secretary and the Revd. Dr. Lang,
relative to the payment of the Bounty under the Provisions of
the Govt. Proclamation" of the 28th March, 1836, to certain
Emigrants proceeding by the ship "Minerva." I am, &c.
Glenelg.
[Enclosure No. 1.]
Revd. J. D. Lang to Sir George Grey.
Sir, Greenock, 22nd July, 1837.
I have the honour to transmit herewith certificates and Testi-
monials in favour of two of the three German Missionaries, for
whom Her Majesty's Government have authorized! me to draw for
outfit and passage money to New South Wales: And as these Mis-
sionaries has all arrived in Greenock on their way to the Colony
from Berlin and Hamburgh, I have taken the liberty to draw
accordingly. In addition to the three educated Missionaries for
whom Her Majesty's Government have granted this indulgence,
other ten of a humble class in Society, but who have been for some
time under training in a Missionary Institution in Berlin, accom-
pany the others as Catechists or Assistant Missionaries, all of
whom are to proceed to the Colony by the Ship " Minerva " of
Bristol, which has been engaged on behalf of George Rankin.
Esqre., a Magistrate of the Territory of New South Wales, who has
been authorised by the Colonial Government to import a certain
number of Agricultural Labourers and Mechanics into the Colony,
on the Government Bounty arising from the Sale of Land. As the
owners of the Ship " Minerva." however, entertain scruples about
sending their vessel on such a voyage, under the apprehension that,
if she should experience some unexpected delay by the way and not
arrive in Sydney before the 31st of December next, the time fixed for
* Note 12.
j Note 13.
GLENELG iO BOURKE. 57
the continuance of the bounty by the Colonial Proclamation* of the 1837.
28th October, 1835, that Bounty might nor be obtained. I should si July.
feel greatly obliged on behalf Of the .Missionaries, who are all here ^ppijcation
awaiting the " .Minerva." If an intimation could be given in any way by Revd.
by Her Majesty's Government to Messrs. Hillhouse and Co., of J.D.Langre
Bristol, the owners of that vessel, that, in the event of her sailing PJSS^mSSta
in tore the middle of September, the bounty would nevertheless be pership
allowed, alt he" she should not arrive in Sydney until after the Minerva.
31st of December.
1 have the honour also to request that the Certificates of Messrs.
Schmidt and Schneider, together with that of Mr. Gipper, trans-
mitted in a former letter, may he returned under cover to me in
\ew South Wales, as it will he necessary to submit them also to
the Colonial Presbytery. I have. &c,
John DjJNMOBE La no.
I Enclosure No. 2.]
[A copyt of the reply, dated 31st July, t837, is not available.]
time-limit on
land grant for
W. Raymond.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 357, her ship Waterloo.)
Sir, Downing Street, 1st August, 1837. l Aug.
With reference to my Despatch Xo. 228 of the 10th of
Nov. last, I have the honour to transmit to you, for your infor-
mation and guidance, copies of a Correspondence which has
passed between my Under Secretary and Mr. Walter Raymond, Extension of
from which you will perceive that I have been induced further to
extend the limit of the time allowed to him for taking possession
of his Grant for a period of Twelve months from the present date.
I have, &c,
Glenelg .
[ Enclosure No. 1.]
The Memorial of Walter Raymond of 35 Doddiiigton Grove, Memorial of
Kensington, Master Mariner, humbly sheweth, ^ndtin^0"'1
That, in Oct., 1829, I applied at the Col. office for the conditions on confirmation
wh. Land ed. be had at N.S.W. and obtained the printed regulations of land grant
and afterwards a letter signed by Mr. Hay. the then U. Sec. stating
that, on presenting that letter to the Gov.. Genl. Darling, and
proving the amount of Property I had with me. I slid, be entitled
to a grant of Land.
That, in Dec. of the same year. I engaged my Passage in the
Elizabeth. Collins, for my family, and 2 free Emigrant servants;
shipped, in household furniture and merchandize, about £2.300 and
900 Sovereigns on freight, for which I obtained Bills of Lading.
That, in May. 1830, I arrived at Sydney, and rented a house in
Upper Pit Street, furnished with the furniture I took out; I then
applied for the Land, producing my Bills of Lading. Vouchers and
Mr. Hay's letter. To my great surprize I was informed that
(altho' I had fully complied with every condition and had satisfac-
torily proved the amount of my Property) unless I was prepared
* Note 12. t Note 14.
58
HISTORICAL RECORDS OF AUSTRALIA.
1837.
1 Aug.
Memorial of
W. Raymond
soliciting
confirmation
of land grant.
to give a Bond of £500 to reside in the Colony for three years I ccL
not obtain an Order for the Land then. There were many weighty
reasons, which wd. not allow me to bind myself in so serious an
amount; also it was a condition never contemplated by the Home
Govt, or they wd. in justice have acquainted the Emigrant that he
might make his arrangements previous to his leaving England to
meet it. Not wishing to make myself a party to the violent at-
tacks agt. the Governor, I waited patiently in the Colony upwards
of 6 months, but to no purpose. As the object (I had incurred such
heavy expences for and loss of valuable time) was frustrated, I
determined to make a sacrifice at once, and return home and
humbly submit my situation to the Colonial Secretary.
The amount of my Passage out and home for my family, inci-
dental expences, the loss at Sydney, independent of 20 Months'
time, nearly reduced my original Capital.
On my arrival in England, Lord Howick was then in office. I
respectfully submitted every circumstance producing the Bills of
Lading and Vouchers; also one of the Printed Bonds of £500. His
Ldship.'s answer was that, if my statements were found to be
correct and the sole cause of refusal was my not giving the Bond,
that, in consideration of my case, the Colonial Secretary wd. order
a Grant of Land to be made to me. Full enquiry was made, and
every circumstance I stated substantiated. Shortly after I reed,
a letter from Ld. Howick containing the condition of my taking
personal possession of the Land. I had previously stated my in-
tention to return to the Colony, and therefore I readily acceded
to this Condition.
From that period I have struggled agt. numerous trying difficul-
ties to accomplish the new condition on which the Grant was con-
firmed; and, in June, 1S34, was on my passage in command of the
Convict Ship Norfolk, when she unfortunately sprung a leak: to
save the lives I immediately put back, and, the Ship having been
much strained from the defective construction of her rudder, she
was prevented proceeding ; being owner, I lost all I possessed ; this
circumstance caused me much trouble and delay; and I was com-
pelled to make applications for an extension of time, and I grate-
fully acknowledge that I have received much condescending
attention.
Having lost so much at the onset for the land, I made up my
mind to proceed in conformity to the condition of the Govt. ; altho'
I was compelled to leave my three Infant daughters, and my wife
on the point of Confinement, nevertheless I engaged my passage in
the Barque Abel Gower, Henderson (a certificate of which was left
in March at the Colonial Office). On the 26th, I embarked at
Gravesend ; the following day I was seized with violent Dysen-
teria (the medical certificate of which is attached). On the third
day obtaining no relief from the medicines I got from the shore,
and finding myself getting worse, I was earnestly entreated and
advised not to undertake so long a voyage in my precarious state
of health, particularly as there was no Medical Man on board. I
returned home suffering acutely in mind and body, and was confined
to my room for several weeks.
Under all these circes. which are indeed painful to relate, my
wife ill in bed with now four infant daughters, I find myself at
present unable to comply with the condition exacted in Lord
Howick's letter. I have now no alternative but to throw myself
GLENELG TO BOURKE. 59
entirely on the humane consideration of your Lordship, venturing 1837.
to hope that you will be pleased to send an order to confirm the i A"g-
-•rant to my Agent in my name. Memorial of
1 beg most sincerely to assure your Ldship. that the land has W. Raymond
been fully occupied and improvements made thereon by my agent JjJJSiJJatioi!
during the last three years; and. having further entered into of land grant,
arrangements with my fellow passenger in the Abel Gower ( Mr.
Hodgson who will reside with his family on the grant, and to whom
on leaving the ship I gave a Power of Attorney to act for me), I
trust that the condition, on which Ld. Ilowick continued the grant
to me. will not be considered an Insuperable bar to this humble
request.
Without venturing to question the propriety of that condition
(which at the time it was offered I had no hesitation in thank-
fully accepting as it entirely accorded with my own intentions
evinced by two attempts since 1833 to undertake' the Voyage), still
I humbly trust yr. Ldship will allow me to point out that the
original conditions, by virtue of and in fulfilment of which (accord-
ing to the principles laid down in the Colonial Office in 1829) my
claim to a grant of land became complete. Included no stipulation
for residence in the Colony; but simply the bona fide importation
on my own account of so much property in proportion to the Land to
be asked for.
At that time. 1 was very sanguine of receiving further assistance
from my relative to enable me again to take my family out with me,
and I therefore stated to Ld. Ilowick that I wd. return to the
Colony; this determination I humbly conceive was partly the cause
of the condition being exacted for my taking personal possession of
the Land, for I had at the onset fully performed all that was re-
quired of me agreeable to the printed regulations of the Colonial
office, the terms of which induced me to leave England; and I had
not given the slightest offence to the Governor, and had ample
capital to secure the Grant of Land.
I venture to hope the foregoing statement will satisfy yr. Ldship.
that nothing but unavoidable calamities have prevented me from
accomplishing all that has been required of me; and that, con-
sidering the great increasing difficulties under which I now labour
(having 4 children), which made me despair of speedily acquiring
the necessary means. I do hope on their account your Ldship. will
be graciously pleased to comply with my humble request, and be
pleased to cause instructions to be sent to the Governor of N. S.
Wales authorizing him to confirm the Grant in my name to my
relation and agent. Mr. James Raymond, the Post Master of the
Colony. And yr. Memt., &ca.,
Walter Raymond.
[Enclosure No. 2.]
Under Secretary Stephen to Mr. W. Raymond.
Sir. Downing Street. 4 Augt., 1837.
I am directed by Lord Glenelg to acquaint you that he has Memorial
had under his consideration yr. Memorial without date, in which acknowledged,
you pray that the Grant of Land, which was made to you in
N. S. WTales on the condition of your fixing your residence on it
within a given period, may be confirmed in your name to your rela-
tive and agent Mr, James.
60
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
1 Aug.
Conditions for
land grant to
W. Raymond.
Extension of
time granted.
Lord Glenelg has found it impossible to read without concern
your statement of the misfortunes which have attended you. His
Lordship has examined the whole correspondence, which has taken
place on the subject of your Grant, and he observes that Lord
Stanley in no degree remitted the terms on which Ld. Ripou con-
sented to direct the Grant to be made, but simply fixed a period of
three years during which he conceived that you had ample oppor-
tunity to make your arrangements for removing to the Colony.
Extensions of time have been subsequently solicited and obtained
by you. Into the merits of your case generally, Ld. Glenelg does
not feel himself called upon to enter. He is prepared to deal with
the case as it was left by his Predecessors, and on the principles
on which it was treated by them. The only question, then, for Ins
Lordship to consider is whether you have in your Memorial laid
the grounds for any and what further degree of indulgence, and,
under all the circes. Ld. Glenelg is of opinion that a moderate
extension of time must be the limit of any fresh concession. His
Ldship. will direct the Governor to suspend the resumption of the
Grant for twelve months from the present time.
I am, &c.,
Jas. Stephen.
Necessity for
crown
prosecutor at
quarter
sessions.
Sir Richard Bourke to Lord Glenelg.
(Despatch per ship Sarah and Elizabeth.)
My Lord, Govt. House, Sydney, 1 August, 1837.
In the Finance Minute laid before the Council of this
Colony of the 4 ulto., of which a copy* has been transmitted to
your Lordship, I represented the necessity of appointing a Crown
Prosecutor for the Qr. Sessions. Your Lordship is aware that
all criminal cases brought before the Supreme Court or Courts
of Qr. Sessions in this Colony are prosecuted not merely in the
name of the King but substantially by a Crown Lawyer. In the
S. Court, the Attorney General appears and hitherto the Clerk of
the Peace has prosecuted at the Qr. Sessions. For the reasons
stated in the Minute, this course can not with respect to the
latter Court be continued without injury to the public Service.
The cases, which since the abolition of the punishment of death
for several offences are now brought before the minor tribunal,
are too numerous and important to be conducted by an Officer
having other paramount duty to discharge in the same Court.
An additional Motive for the appointment of a competent Prose-
cutor will be found at no distant period in the application of
the British law,* which gives Prisoners the right of defence by
Counsel or Attorney.
The Council having authorized in a supplementary estimate
SPiLH3den°f the appropriation of £600 a year for the salary of this Officer, I
propose on the first of October next to nominate my private
Secretary, Mr. G. K. Holden, who is an Attorney of the Supreme
Proposed
Note 15.
BOURKE TO GLENELG. 61
Court. I had the honor to bring his oame before your Lordship 1837.
in a late communication, and I have now to requesl your favor- _Hf
able consideration of this Gentleman's claims for services ren- ^j;;[](
dered to me and thro' me to the Colony for a period of nearly appointmi
four year-, and that the nomination I propose to make1 may be
honored by Your Lordship's confirmation.
1 need hardly add that upon being nominated to this Office
Mr. 1 1 olden vacates his employment as Private Secretary.
I have, &c,
Riciid. BouRKE.
Loiil) GLENELG TO SlR RlCIIARD BOURKE.
(Despatch Xo. 358, per ship Waterloo.)
Sir, Downing Street. 2 August, 1837. 2 Aug.
I have received a Memorial from an Individual named Refusal of
James Smith who carries on the trade of a Tailor in Sydney, forwifeoi
praying that lie may receive an allowance of £20 on account of the J- Smlth-
Passage of his Wife from this country; ami you will have the
dness to acquaint the Memorialist that, as his wife does not
come under the description of persons eligible to receive the Gov-
ernment Bounty. T regret that it is not in my power to comply
with his application. I have, &c,
Glenelg.
Sir Richard Bourke to Lord Glenelg.
(Despatch Xo. 74. per ship Sarah and Elizabeth; acknowledged by
lord Glenelg, 5th January. 1838.)
My Lord, Government House, 2 August, 1837.
I have the honor, at the request of Mr. George Wentworth, Application by
to transmit a Memorial he has addressed to Your Lordship, for land grant.
praying for a grant of Land to which he established his claim
in February, 1831, in the usual manner, according to the Regula-
tions now in force; but which he complains was with-held from
him without any legitimate cause.
Mr. Wentworth is correct in asserting that the Land Board
reported in favor of his receiving a. maximum grant (2,560 acres),
and, from the Papers on the subject in the Colonial Office which
I have perused, I cannot assign any sufficient cause for the Application
grant being withheld. I am therefore of opinion that Mr. Went- rt
worth's application is well founded. I have, &c,
Richd. Bourke.
[Enclosure.]
[J. copy of tliis memorial is not availahle."]
62 HISTORICAL RECORDS OF AUSTRALIA.
1S37. Sir Eichard Bourke to Lord Glenelg.
3 Aug.
(Despatch No. 75, per ship Sarah and Elizabeth.)
My Lord, Government House, 3 August, 1837.
pPMiCatrthn by ^ t^ie recluest °^ ^r- Peter Macarthur, late a Surgeon
for land grant, in the Army, I have the honor to transmit a Memorial in which
he prays your Lordship to order him a grant of 2,560 acres with-
out purchase, in fulfilment of expectations held out to him at the
Colonial Office in England in 1830. Of this part of his case I
am of course wholly ignorant; but, as he seeks to strengthen his
claim oy a complaint that he has been unable to obtain Land under
the existing Regulations as a retired officer, I beg to refer Your
Lordship to my Despatch of the 14th August, 1835, No. 81, which
will shew the reason of his disappointment to have been his
selection of Land which the Regulations would not, in the opinion
of the Executive Council, admit of his receiving.
I have, &c,
Richd. Bourke.
[Enclosure.]
[A copy of this memorial is not available.']
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 76. per ship Sarah and Elizabeth; acknowledged by
lord Glenelg, 30th December, 1837.)
4 Aug. My Lord, Government House, 4 August, 1837.
Transmission of j have the honor to transmit herewith a Memorial, which
memorial from '
s. l. Harris. has been addressed to Your Lordship by Mr. S. L. Harris, praying
compensation for losses sustained in consequence of the with-
holding from him for several years of a sum of money that be-
came due to him from this Government during his employment
as Colonial Architect in the years 1823 and 1824.
The debt in question turned upon a disputed construction of
Mr. Harris's agreement with the Government of Sir Thomas
Brisbane. After much correspondence, Lord Viscount Goderich,
Compensation in his Despatch to General Darling of 19 June, 1831, authorised
fmy to y "the submission of the case to a Jury, which resulted (as reported
s. L. Harris. in my Despatch of 4 Septr., 1831, No. 78), in a verdict for Mr.
Harris of £1,420 4s. 6d., which sum he has received accordingly.
Lord Goderich doubtless intended this as a final proceeding,
and I cannot see how it can be regarded in any other light.
I have, &c,
Richd. Bourke.
BOUEKE TO GLENELG. (5;i
| Enclosure.] 1S37.
The Humble Memorial of Standish Lawrence Harris, of Sydney, - —
in the Colony of New South Wales, Architect; s. L. Harris.
To His Majesty's Principal Secretary of State for the Colonial
I department, etc., etc., etc.
Humbly Sheweth,
1st. That your Memorialist arrived in the Colony aforesaid in
the month of November, L822, as an Emigrant Settler.
2nd. That, upon your Memorialist's said arrival, the Government,
being in urgent ueed of a competent person to take charge of the
Department of Civil Architect, the various Public Buildings through-
out the Colony having, for want of proper professional super-
intendence, fallen into a state of neglect and dilapidation, His
Excellency Sir Thomas Brisbane, at that time Governor in Chief, Agreement with
was pleased to offer to your Memorialist, upon being satisfied with S. L. Harris
his highly respectable testimonials, a salary of One Hundred Pounds a^artSiteet.
per annum in consideration of His devoting his zealous services to
the Public Buildings for twelve-months certain, provided they should
be required for so long a period : and also to give to your Me-
morialist, in addition to the said salary, a Commission of Ten per
Cent, on the value of all the work done by Government Labourers
on the New Gaol,* when duly allowed by a board of works, to be
assembled quarterly for the purpose of investigating the progress
of that building ( Vide Appendix A).
3rd. That your Memorialist, having accepted the said offer, con-
tinued to discharge with fidelity and zeal the important duties
thus confided to him, until the month of October. 1824. up to which
l>eriod he had received from the Colonial Government, from time to
time, in pursuance and on account of the Agreement entered into Payments under
as aforesaid with His Excellency Sir Thomas Brisbane, divers agreement,
sums of money, amounting in all to about Nine Hundred Pounds.
leaving a large balance still owing to your Memorialist.
4th. That, from circumstances which your Memorialist presumes
it is not necessary to detail to your Lordship, his claim to the said
balance, although urged in every possible way by him, was not
satisfied during the administration of Sir Thomas Brisbane, nor yet
during that of his successor. Sir Ralph Darling; but the matter
having been referred, ad interim, to the Right Honorable the Secre-
tary of State for the Colonies. His present Excellency Major General
Sir Richard Bourke was pleased to allow the same to be tried in
the highest Court of Judicature within the Colony ; and it was tried
accordingly before the Honorable the Supreme Court and a Special Balance
Jury, in the Second Term of the year 1834; when, after a most awarded on trial
laborious and impartial investigation of all the facts brought for- *oujUtpreme
ward in evidence on the part of the Crown and on that of your
Memorialist, the Jury found a Verdict for your Memorialist with
damages to the amount of One thousand, four Hundred and Twenty
Pounds, fourteen shillings and sixpence (£1,420 14s. Gd.). which
sum was paid to your Memorialist out of the Colonial Treasury, by
order of His Excellency the Governor, on the 26th day of July, iS34.
5th. That the sum thus proved to have been justly owing to your
Memorialist by the Crown having been withheld from him for the Results of
long period of Ten years and nine months, he was not only deprived delay in
of the benefits, which so large an amount, had it been invested as settlement-
capital in his pursuits as a Settler, would in those days have
* Note 16.
61
HISTORICAL RECORDS OF AUSTRALIA.
1837.
4 An--.
Memorial of
S. L. Harris.
Value of
property seized
for debt.
Legal expenses
and loss of
interest.
Request for
compensation.
realized, but, having embarked in the cultivation and stocking of
his Farm, upon the Faith of the debt so due to him, and far be-
yond his moans independently thereof, his affairs became so seri-
ously embarrassed, that all his estates and effects were seized and
sold by the Sheriff under successive executions, and his person at
length thrown into prison for debt.
6th. That the landed Estate alone, of which your Memorialist
was dispossessed by legal process, consisting of Three thousand five
hundred acres, and situated on one of the most advantageous posi-
tions of the River Hunter, could at the present time be worth at
least the sum of Twenty thousand Pounds; whilst the livestock
depastured thereon would be worth not less than three thousand
pounds in addition thereto.
7th. That, in proof of the serious extent of your Memorialist's
said embarrassment, he begs most respectfully to refer your Lord-
ship to the joint affidavit (copy whereof is hereunto annexed) of
his Solicitor and himself, made on another occasion, after a search
into the records of the Supreme Court (Vide Appendix R).
8th. That, besides the losses thus incurred incidentally, the law
expences arising out of your Memorialist's suit against the Crown
(the law officers bavins; enforced the right of the Crown to pay no
costs) amounted to £239 16s. 4d.. which, added to the simple in-
terest upon the principal awarded by the Jury, for Ten years and
nine months, at the rate of Eight per Cent, per annum, namely.
£1.221 4s.. makes a total of £1.451 loss to your Memorialist in direct
and immediate consequence of the delays of the local Government
(Vide Appendix C).
9th. That your Memorialist humbly trusts it will be apparent to
your Lordship, from the foregoing statement, that the bare prin-
cipal of the Debt Awarded by the Jury as aforesaid, was far, very
far. from meeting the justice of his case, and from affording rea-
sonable compensation for the complicated and ruinous losses
accruing from the unjust delays of the servants of His Most Graci-
ous Majesty, but. the local Government not feeling authorised to
grant further redress without the sanction of your Lordship. Your
Memorialist now humbly submits his case to your Lordship's con-
sideration, not. doubting that your Lordship will afford to him such
full and sufficient compensation as. to your Lordship, his sufferings
shall appear to merit.
Wherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises info your most favourable con-
sideration, and instruct His Excellency the Governor to make any
inquiry, which your Lordship mav deem proper, into the facts of
the foregoing statement, and to Grant to your Memorialist, either
in money or in Crown lands at the minimum price, the amount to
which he shall thus prove himself to be fairly entitled.
And your Memorialist, as in duty bound, shall ever pray.
S. L. Harris.
Agreement for
services as
architect.
[Appendix A. referred to in Paragraph 2.1
Colonial Secretary Goulburn to Mr. S. L. Harris.
Sir, Colonial Secretary's Office, 6th Pecember, 1822.
In reply to your letter of the 26th of November, I am to acquaint you that
the Government feel very unwilling to victual any more Individuals on the King's
Store, but will grant you at the rate of One Hundred Pounds (£100) per annum in
consideration of your devoting your zealous services to the Public Buildings for a
Twelve month certr.in (provided they may be required for so long- a period), and
GLENELG TO BOURKE.
G5
will give, in addition, ten per Cent, on the value of all the works done by Govern- 1S37.
Hunt labourers on the Vw Qaol, when duly allowed by a board of works, to be 4 Au°\
assembled quarterly lor the purpose of investigating the progress of that Building.
I am, &c,
F. Goulburn.
[Appendix B, referred to in Paragraph 7.]
Ai i 1 davit by F. W. Unwin and S. L. Harris.
Frederick Wright In win of Sydney, Gentleman, and Standish Lawrence Harris Affidavit re
or Hunter's River, Gentleman, severally make oath and say, and first this deponent, judgments
Frederick Wright (Jnwin, for himself saith that he hath searched the Office of the against
Supreme Court for Judgments against the said Standish Lawrence Harris from the S. L. Harris.
commencement of the records of Judgments in the said Court up to this date, the
first day of January, one thousand, eight hundred and thirty two, and that there are
no nihil Judgments against the said Standish Lawrence Harris than those contained
in the schedule hereunder written ; and that he hath also searched the office of the
Registrar of the said Court, and that there are no encumbrances upon the Estate of
Goulbowin at Hunter's river than the two several Judgments of Mortgage to James
Fox Godsir, Esquire, dated respectively the first day of September, 1827, the 19th day
of May, 1831, And the said Standish Lawrence Harris for himself saith that he hath
duly paid and satisfied all the Judgments mentioned in the said Schedule with the
costs thereon except those of George Bunn for the sum of One Hundred and eighteen
Pounds, and Francis Mitchell for the sum of One Hundred and Nineteen Pounds, Ten
shillings and five pence, and Thomas Rose for the sum of Sixty six Pounds nineteen
shillings and sixpence.
The Schedule above referred to. Judgment signed.
H. D. Owen 22 5 0 April 3rd, 1827.
John Quish 40 15 0 May 15, 1827.
Cooper and Levy 800 0 0 ,, „
A. P.. Bingle 54 13 4 April 15, 1828.
Ebenezer Knox 54 13 4 „ „
Raine and Ramsay 25 13 4 October 21, 1828.
John McQueen 850 0 0 October 18th, 1828.
William Williams 20 10 8 March 20th, 1829.
Thomas Rose 66 1!) fi July 16th, 1829.
William Carter 31 3 9
James Fox Godsir 200 0 0 March 8th, 1830.
Edward Landwell 74 9 7 ,, 16th,
George Allen 35 3 5
George Bunn 118 0 0 September 2, 1830.
Francis Mitchell 119 10 5 January 18th, 1831.
F. W. Unwin.
S. L. Harris.
Sworn in Open Court this first day of January, One Thousand eight hundred
and Thirty Two, signed By the Court.
[Appendix C, referred to in Paragraph 8.]
In the Supreme Court Second Term 1834. Standish Lawrence Harris, Plaintiff, Legal expenses
of New South Wales. and incurred by
Campbell Drummond Riddell, Defendant, g. L. Harris.
I hereby certify that my costs in this cause amounted to the sum of £136 6s. lid.
Dated at Sydney this 23rd day of Nov., 1836. J. Norton. Plaintiff's Attorney.
I hereby certifv that my costs in this cause amounted to the sum of £53 9s. 5d.
Dated at Sydney this 23rd day of Nov., 1836. F. W. Unwin. Plaintiff's Attorney.
I hereby certify that my costs in this cause amounted to the sum of £20. Dated
at Sydney this 23rd day of Nov., 1836. Edwd. Hallen, Surveyor for Plaintiff.
I hereby certify that my Costs in this cause amounted to the Sum of £30. Dated
at Sydney this 23rd day of Novr., 1836. John James, Clerk to Plaintiff.
Sir,
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 359, per ship Waterloo.)
Downing: Street, 10 August, 1837. 10 Aug.
have received a memorial from Surgeon Peter Mac- Memorial
Arthur dated " Bathurst, New South Wales, 27th March, 1837," rkSiSS.
soliciting an order for a Grant of Land in that Colony.
Ser. I. Vol. XIX— E
66
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
10 Aug.
Reasons for
refusal of
application.
I have to desire that you will call upon Mr. Ma (-Arthur for a
copy of his Memorial, and that you will acquaint him in reply
that on enquiry I find that he remained in this country for nearly
four years after he obtained Sir George Murray's Authority for
a Grant of Land in New South Wales, and that the authority
was revoked by Lord Stanley in consequence of that delay, his
Lordship substituting for it a recommendation in the ordinary
form to the Governor of the Colony. The present application is,
therefore, in effect an appeal against Lord Stanley's decision
with which I must decline to interfere. j have &c.
Glexelg.
12 Aug.
Alleged
fictitious
bidding at
public land
sales.
Objections to
system of
public land
sales.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 361, per ship Waterloo; acknowledged by
Sir George Gipps, 2nd June, 1S38.)
Sir, Downing Street, 12th August, 1837.
I transmit to you herewith a copy of a Communication
which has been addressed to me by Dr. Fowler, M.D., calling my
attention to a practice which he states to exist in New South
Wales of fictitious biddings at the Public Land Sales.
You will direct immediate enquiry to be made into this subject,
and, should the practice complained of appear to prevail to any
considerable extent, you will take measures for remedying that
abuse. I am, &c,
Glexelg.
[Enclosure.]
Dr. Fowler to Lord Glenelg.
My Lord, Bath, 6th Augt., 1837.
1 have just returned from a voyage to N. S. Wales under-
taken for the restoration of impaired health, and, finding the
climate more congenial to my constitution and temporal advance-
ment, wd. wish to return thither with my wife and four children.
During a residence of 9 months in the Colony. I find the following
serious practical obstacles to my settling there (with but a small
capital), and I trust the happiness of a young and increasing
family will be sufficient apology for thus troubling yr. Lordship.
On my arrival in the Colony. I may spend some months in the
search of Land in which to locate; having at length fixed. I am re-
quired by the Govt, to let it be advertized for the space of 3 months.
The day of sale arrives, and I then find myself outbid by two
classes of bidders but not buyers. The first of these wishing to
keep me from settling in their neighbourhood, the others are a
set of men (mostly Jews), who throng the Auction Mart, and
whose object is to extort a bribe to procure their silence in bidding.
Neither of these Parties are bona Fide bidders, and. if the land be
knocked down to them, they pay only their deposit which on the
day of paying up the whole purchase money is forfeited. Both these
BOUEKE TO GLENELG. 67
Parties find it answer their ends; the former will have prevented 1837.
me settling there and the latter makes more money by his fre- 12 Aug.
quent bribes than he loses by his tew forfeitures of deposits.
I am thus thrown out of my opportunity to settle and must again
seek out Land, again give notice of Sale, and again be exposed to
the conspiracy of fictitious bidders. There is left then for me the
alternative of three evils: To keep my family at a ruinous oxponce
in lodgings till my little means altogether fail me. To submit to use
bribery, or to purchase Land at a very high price.
With the greatest diffidence I submit to yr. Ldship.'s considera- Reforms
tion the following remedies for these evils, and beg to assure yr. ^sfemfor13
Ldship. they are the result of* much reflexion and after numerous landsales."
conversations with intelligent and respectable men living in the
Colony.
1st. That there be no artificial bounds to the Colony as at
present.
2nd. That Settlers of the middling class be allowed the value of
Land in the Colony to the amount of their Passage money.
3rd. That, on Ins arrival, he may be allowed to select one section
of Land as a Homestead at the minimum price of 5s. per acre in
which he may at once locate himself and family.
4th. That, in any public Sale of Lands, the Purchasers be obliged
to deposit half the amount of the Purchase .Money. This, which
wd. be no impediment to the real bidder, wd. do away with those
who from interested motives oppose him.
5th. Or if it might he allowed that Land, having once passed
thro' the Public Sale and not bought by any one. or being bought
the deposit on it has been forfeited, might be purchased at the
.Minimum price by the new settler, as is now permitted for retired
officers of the Army and Navy.
As the removal of the whole or part of the above named obstacles
to the Emigration and settlement in X. S. Wales will induce at
least six families of respectability and possessing a little capital to
return with me to the Colony. 1 shall feel grateful for an answer
to my enquiries. D. A. Fowler, M.D.
Sir Richard Bourke to Lord Glexelg.
(Despatch No. 77. per ship Sarah and Elizabeth; acknowledged by
lord Glenelg. 11th December. 1837.)
My Lord, Government House, 12 August, 1837.
By my Despatch of the 27th ulto., No. 69, I informed
your Lordship of the arrival of the Emigrant vessels " John
Barry " and " Adam Lodge," and of the placing the former
under Quarantine on account of infectious fever. It is with
much pain that I have now to report the disappointment of the Detention in
hopes I thus expressed of the speedy release of the Emigrants ^m^rants0*
Landed at Spring Cove. Five persons, enumerated in the accom- P^ ship
panying List, have since died on the Quarantine Ground. I J
earnestly hope my next report will be more favorable.
I take this opportunity of forwarding printed Minutes of Evi-
dence taken before the Committee of the Legislative Council
68
HISTORICAL RECORDS OF AUSTRALIA.
1837.
12 Aug.
Causes of
disease on
immigrant
ships.
now sitting on the subject of Immigration, in which will be
found the statements of Doctors Osborne and Thomson as to
the causes of disease on board their respective vessels; and I
would particularly invite attention to the observations of the
latter as to the necessity of providing a more suitable diet for
young children and nursing mothers than is usual in Ship's
rations.
In transmitting these Minutes, my only present object is to
contribute to the immediate improvement of the arrangements for
Emigration in England by the experience of the above named
Surgeons. The remaining Evidence will more properly come
under observation when the report of the Committee is received.
I have, &c,
Eichd. Bourke.
[Enclosure No. 1.]
[A copy of this list is not available.']
[Enclosure No. 2.]
[The minutes of evidence were printed in the " Votes and Pro-
ceedings " of the legislative council.']
14 Aug.
Transmission
of memorial
from
W. H. Hovell.
Sir Eichard Bourke to Lord Glenelg.
(Despatch No. 79, per ship Sarah and Elizabeth.)
My Lord, Government House, 14 August, 1837.
At the request of Mr. Hovell, I have the honor to trans-
mit herewith a duplicate of the Memorial addressed to your Lord-
ship by that Gentleman, which accompanied my Despatch of the
29 April last, No. 23, together with a copy of a new edition* of
the Journal of Messrs. Hume and Hovell's Tour therein referred
to, just published in the Colony. I have, &c,
Richd. Bourke.
15 Aug.
Despatch
acknowledged.
Refusal of
land grant
for E. Bunker.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 363, per ship Waterloo.)
Sir, Downing Street, 15th August, 1837.
I have received your Despatch No. 126 of the 23d No-
vember last, enclosing the Memorial of Mr. Bunker for a
Secondary Grant of Land.
After so great an interval of time as has elapsed, I cannot
interfere for the relief of the Applicant, especially as the case
was brought distinctly under the notice of General Darling in
the Year 1827 or 1828; and as it appears that that officer re-
corded at the time that he was not sufficiently acquainted with
the Applicant and his case to be induced to grant his demand;
^'ote r
acknowledged.
GLENELG TO BOURKE. 69
a minute which 1 can understand only as recording that the 1837.
applicant had tailed to make out his case to General Darling's * ug"
satisfaction. To construe that Minute as a record of General ^D^lSeon
Darling's neglect of the case would not only be injurious to that application
officer, but would be opposed to every probability, and would be rom ' UI1ver'
at variance with the punctual an industrious habits of business
by which Genl. Darling and the Colonial Secretary, Mr. McLeay,
were both so eminently distinguished. I have, &c,
Glenelg.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. .'5<'>4. per ship Waterloo.)
Sir, Downing Street, 17 August, 1837. 17 Aug.
Referring to my Despatch No. 348 of the 14th Ulto., I Despatch
have the honour to acquaint you that 1 have received the original
of your Despatch of the 4th Xovember last, with Mr. Dangar's
Memorial.
In considering this case as it now presents itself, it appears Refusal to
to me that Mr. Dangar's Memorial is nothing more than an ap- Jecfsion re
peal to me against a decision* pronounced nine years ago by ?Jai™s£f
Sir George Murray, and that Mr. Dangar has introduced no
new fact of which Sir George Murray was unapprized. He
alleges, indeed, that Mr. Mclntyre the witness against him has
since been tried on a charge of perjury and has been dismissed
from the Public Service. It appears, however, that Mr. Mclntyre
was acquitted on the charge of perjury, and that his removal
from the Public Service had no reference to this charge. Mr.
Dangar's case appears to have been fully investigated at the time
by Sir George Murray; and, as I see no reason to doubt the
•correctness of the view which he took of it, I do not feel myself
at liberty to sanction a departure from the course which was
directed by my Predecessor with respect to this case.
I have, &c,
Glenelg.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 365, per ship Waterloo; acknowledged by
Sir George Gipps, 27th March, 1838.)
Sir, Downing Street, 19 August, 1837. 19 Aug.
I have the honour to acquaint you that I have received a Memorial
Memorial from Mr. Richard Lynch, dated " Sydney, 12 Sep- r. Lynch,
tember, 1836," setting forth his claim to a Grant of Land in
New South Wales.
The Memorialist appears to have emigrated to the Colony in
1828, and, assuming his facts to be correctly stated, to have
* Note IS.
70 HISTORICAL RECORDS OF AUSTRALIA.
1837. acquired a right to a certain quantity of Land under the then
ug' existing Regulations. He admits that he failed to make any
Criticism of selections during the prescribed period, and I infer, from the
r.' Lynch to date of the answer to his application to the Local Government,'
land grant. t^at he did not apply at all for the Land which he claimed until
1832, four years after his arrival and one after the New Regula-
tions had come into operation.
The Memorialist alleges illness as his justification and tenders
a Medical Certificate as proof. If he really was prevented by
illness from doing an act which he would otherwise have done,
and if the cause continued to operate during the whole period of
the delay, he ought not, I think, to suffer from it, his claim
appearing in that case to be well founded.
The proof, however, of this fact is not satisfactory. It would
be impossible on the vague statement of the Medical Certificate,
which accompanies Mr. Linen's Memorial, to assume that, from
1828 to 1831, he was disabled from doing an act which but for a
" Lingering and painful illness " would not have been neglected.
On this fact I consider some further enquiry to be essential,
and, unless it is clearly substantiated, I see no valid ground for
a compliance with the prayer of the Memorial. I have, &c,
Glenelg.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 368, per ship Waterloo.)
20 Aug. Sir, Downing Street, 20 August, 1837.
Refusal of I have to request that you will inform Dr. Thompson,
L^Thompson. Deputy Inspector General of Hospitals, that I have received his
letter dated the 4th March last, and that the existing Land Regu-
lations render it impossible for me to comply with his request.
I have, &c,
Glenelg.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 367, per ship Waterloo.)
23 Aug. Sir, Downing Street, 23 August, 1837.
Despatch I have the honor to acknowledge the receipt of your dis-
patch No. 4 of the 4th January reporting Mr. McPherson's
entrance on his duty as Clerk of the Councils, and the union of
the Office of Collector of Internal Revenue with that of Trea-
surer.
Offices for I have to convey to you the sanction of Her Majesty's Govern-
internai aE ment to the arrangements which you adopted for obtaining accom-
revenue. modation for the joint Establishments of the Treasury and the
Internal Revenue Office.
GLENELG TO BOUKKE. 71
II. r Majesty's Governmenl will defer any observations respect- 1837
ing the suggested Building for Public Offices, until some dis-
tinct Report en the subject shall have1 been received from the
Colony. I have, &c.,
Glenelg.
23 Au-'.
Lord Glenelg to Sib Richard Boi rke.
(Despatch No. 368, per ship Waterloo.)
Sir, Downing Street, 25 August, 1837. 25 Aug.
I have the honour to transmit to you a copy of an Act Act to continue
which lias been passed to continue until the 31st of Deer., 1838, government
and from thence to the end of the then next ensuing Session of of colony.
Parlt., an Act* of the ninth year of H.M. King George the
Fourth for the administration of Justice in New South Wales
and Van Diemen's Land.
You are aware that it was the intention of H.M. Govt, to
propose to Parliament during the present year a new Bill for
this purpose, and with this view they had bestowed much atten-
tion on the subject.
The highly important enquiries, which engaged the Select Reasons for
Committeef of the House of Commons during the last Session pasting" new
with reference to the moral effect of the system of Transporta- bil1-
tion as well on the Criminal himself as on the Colonial Society
into which he is thrown, seemed to render it desirable that the
adoption of any new act of Legislation for the Australian
Colonies should not be pressed on the consideration of Parlia-
ment, sooner than was indispensably necessary pending those
enquiries; and, the Session being suddenly terminated by the
Demise of the Crown, the only course remaining for H.M. Govt,
was to propose the continuance of the existing Act, which has
accordingly been carried into effect. I am, &c,
Glenelg.
[Enclosure.]
[This was a copy of the statute, 1 Tic., c. xlii.~]
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 360, per ship Emma Eugenia.)
Sir, Downing Street, 28 August, 1837. 2s Aug.
It has been represented to me that urgent private affairs Leave of
will render it necessary that Mr. Burton, Assistant Judge of the ^^Burton
Supreme Court of your Government, should return to this Coun-
try. I, therefore, authorize you to grant to Mr. Burton two
years' Leave of Absence. I have, &c,
Glenelg.
* Note 19. t Note 20.
72
HISTORICAL RECORDS OP AUSTRALIA.
1837.
29 Aug.
Despatch
acknowledged.
Confirmation
of acts of
council.
Opinion to be
transmitted re
charges for
police.
Act to restrain
unauthorised
occupation of
crown lands.
Confirmation
of Union
assurance
company's act.
Loud Gienelg to Sir Richard Bourkk.
(Despatch No. 370, per ship Waterloo.)
Sir, Downing Street, 29 August, 1837.
I'have the honour to acknowledge the receipt of your
despatch No. 100 of the 14 September last transmitting twelve
Acts passed by the Governor and Council of New South Wales.
A Schedule of their numbers and Titles is annexed to this
Despatch.
Her Majesty has been graciously pleased to allow and confirm
all these Acts.
In my Despatch No. 307 of the 30th April last, I acknowledged
the receipt of the Acts Nos. 3 and 5, the first for promoting the
Building of Churches, etca., and for the maintenance of Clergy-
men, the other for the appropriation of the Revenue. I then
stated my views on the former subject. With respect to the
latter, I have only to add that the Lords Commissioners of the
Treasury, in conveying their sanction to the expenditure con-
templated in Act No. 3, have signified their intention of taking
an early opportunity of communicating to this Department their
opinion on the proposals relating to the charges for the Police
Establishments.
The act No. 4 relates to a subject on which I am well aware of
the difficulty of legislating impartially and efficiently, though it
is one on which the greatest vigilance is necessary in order to
prevent those evils which must arise from an unauthorized occu-
pation of Lands belonging to the Crown. From the attention
which you have bestowed on this subject, I have no reason to
doubt that the present Act, if strictly enforced, will prove highly
beneficial. I. entertain, however, some doubt whether the penali-
ties are sufficiently high to check the temptation to the un-
licensed occupation of Land by the Wealthier Class of Settlers.
A short experience will probably enable you to form a more
correct judgment on this and on some other of the provisions
of this Act, and, if it should fail of its purpose, I trust that no
time will be lost in proposing the requisite amendments.
The Private Act relating to the Union Assurance Company
of Sydney was confirmed and allowed by my Despatch No. 319 of
the 19th May. You also received Instructions on this subject
in my separate despatch of the same date. I have, &c,
Glenelg.
[Enclosures.]
[These were copies of the acts of council,, Nos. 15 to 18 anal
Nos. 1 to £.]
BOUEKE TO GLENELG. 73
Lord Glenelg to Sir George Gipps. is37.
(A circular despatch per ship Emma Eugenia.)
Sir, Downing- Street, 31 August, 1837.
1 have the honor to transmit for your information and Order-in-
guidance, the copy of an Order of Her Majesty in Council, stat- iteration in
ing the alterations* which it has become necessary to make in royal arms.
the Royal Anns, in consequence of the Demise of the Crown,
the German Dominions of His late Most Sacred Majesty having
thereupon devolved upon His Royal Highness the Duke of Cum-
berland, now Ernest Augustus King of Hanover.
I have, &c,
Glenelg.
[Enclosure.!
[A copy of this ordei\ is not available.]
1 Sept.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 81, per ship City of Edinburgh ; acknowledged by
lord Glenelg, 6th February, 1838.)
My Lord, Government House, 1 Septr., 1837.
Since the arrival of the Revd. Irvine Hetheringtoii and
the Revd. James Allan, whose appointments as Presbyterian
Ministers in this Colony were announced to me by yr. Lordship's
Despatches of the 22 Febry. and 9 March last, some corre- stipends
spondence has passed between this Government, the Presbytery p*eS5eterfan
of X. S. Wales, and these Gentlemen upon the subject of their clergy,
stipends. It appears that Under Secretary of State Sir George
Grey in his letter of the 10th March last to Principal Macfarlane
stated that your Lordship trusted Salaries to the extent of £200
would be assigned to these Ministers on their arrival in New
South Wales. Upon this intimation, they claim the stipend of
€200 a year each without reference to the provisions of the Church
Bill of the Colony, 7 Wm. 4, No. 3, which regulates the amount
and the conditions under which Stipends are to be obtained by
the Ministers of Religion in New South Wales. Being aware
that congregations had not been formed or places of Worship
Established for the Ministry of these Gentlemen, I caused them stipends
to be informed immediately after their arrival that they were fortR>evdsd
as speedily as possible to place themselves in a condition for I- Hetherington
receiving stipends from Government under the provisions of the
Act, and that, to prevent their being subjected to any personal
inconvenience whilst these matters were arranging, there would
be issued to them from the Colonial Treasury for one year an
.allowance of £150, but which at the expiration of that period
would cease altogether, unless they became entitled to stipends
* Note 21. f Note 14.
and J. Mian.
74
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
1 Sept.
Objections
to proposed
stipends.
Inability to
alter decision.
Necessity
for rigid
adherence
to rule.
Appropriation
for stipends
in estimates.
pursuant to the Act. The allowance was fixed at £150, as being
the highest stipend issued to those Presbyterian Ministers (with
the exception of Dr. Lang), who do not claim under the Church
Act, their stipends having taken place prior to its enactment.
To this arrangement, the Presbytery and the Reverend Gentle-
men, who are mainly affected by it, have demurred, but I cannot
according to my view of the case permit any departure from it.
If Clergymen are to come out and receive stipends from Govern-
ment without reference to the provisions of the act, it had better
not have been passed. To permit its violation in any one case
would lead to its soon becoming a dead letter, and the precedent
of the Presbyterians would be claimed as a rule by the Church of
England and the Roman Catholics. I trust therefore that Your
Lordship will think fit to confirm the decision I have pronounced.
This matter has appeared to me of the greater importance
from the fact of Dr. Lang having declared his intention of pro-
curing the introduction into the Colony of a large number of
Presbyterian Ministers, to whom he holds out the inducement of
adequate provision. I do not, however, perceive how they are at
present to be provided for unless as burdens on the Treasury.
The three Ministers,* to whom I have referred as appointed
before the passing of the Churc'h Act, and who reside in populous
Districts, have not been able to form Congregations to entitle
them to the maximum Salary allowed by the Act; nor am I san-
guine in expecting that the two Gentlemen last arrived will suc-
ceed in entitling themselves to Stipends from Government other-
wise than as Itinerant Ministers.
The expediency of declining to hold out any prospect of
Stipends to Clergymen coming out to this Colony without any
notification of a provision being made for them under the terms
of the Church Act applies, equally with the Presbyterians, to
Ministers of the Church of England and of the Church of Rome.
But the two latter communions having been more prudent in
their invitations to their respective Clergy, no inconvenience has
arisen from any proceeding on their parts. The sums, which
appeared on the Estimates for the year 1837 (voted in 1836) as
appropriated for the stipends of additional Ministers, have been
so placed upon its being intimated to Government by the Heads
of the respective Churches that it was expected provision would
be made by their Communion for the appointment of those
Ministers pursuant to the Act. The appropriation gives no claim
for stipends under any other terms, having been made to enable
the Government to satisfy those only which should be legally
demanded. I have, &c,
RlCHD. BOURKE.
BOURKE TO GLENELG. 75
Sir Richard Bourke to Lord Glenelg. 1837.
(Despatch No. 82, per ship City of Edinburgh : acknowledged by
lord Glenelg, 9th May, 1838.)
Mv Lord. Government House, 5 Septr., 1837.
I have the honor to transmit herewith Copies of two letters Necessity for
addressed to the Colonial Secretary by the Collector and Comp- Jf salaries6
tiroller of Customs at this Port, representing the necessity of of customs
fixing the pay of the Clerks in their department according to the
scale adopted by the Legislative Council for Clerks, whose
salaries are charged on the Colonial Treasury as recommended
by a Board, whose Report has been already transmitted to Your
Lordship, and of which another copy is sent herewith. I also
transmit a copy of the Letter, I caused to be written to the
officers of Customs in reply to their first.
It is certain that the same reasons, which are conclusively
urged in the Report for the augmentation of the Salaries of other
Clerks, apply to those in the Customs, and I cannot therefore
do otherwise than recommend the application to the favorable
notice of the Lords of the Treasury. The only point on which I Objections
differ from the Collector and Comptroller is in the necessity of proposed for
appointing a Chief Clerk at a Salary rising from a minimum chief clerk.
of £300 to a maximum of £400 a year. I do not consider this
necessity to be sufficiently borne out by the reasons given in their
second letter. The exigencies of increasing business will be better
provided for, as it appears to me, by augmenting, from time
to time as required, the number of junior Clerks, than in giving
to one person a Salary, which appears to me disproportioned to
the duty he has to perform. The Establishment, I would pro- Establishment
pose, consists of two second class Clerks whose maximum Salary proposed.
will be £300 a year each, and three of the third Class, with a
maximum Salary of £200. I have, &c,
Richd. Bourke.
[Enclosures. 1
[Copies of these papers are not available.']
Sir Richard Bourke to Lord Glenelg.
(Despatch No. S3, per ship City of Edinburgh.)
My Lord, Government House, 6 Septr., 1837. 6 Sept.
I have had the honor to receive Your Lordship's Despatch Despatch
of the 15 Febry. last, No. 265, transmitting for my perusal
copies of a correspondence between one of Your Lordship's under
secretaries and the Chairman of the Colonization Commissioners
for South Australia relating to the disposal of the Crown Lands
acknowledged
76
HISTORICAL RECORDS OB1 AUSTRALIA,
1837.
6 Sept.
Problem of
minimum
price for
land.
Discretionary
power re
minimum
price of land
at Port
Phillip.
Disposal of
land at
Port Phillip.
in the neighbourhood of Port Phillip, and desiring my opinion as
to the policy of raising the upset price of such Lands generally
throughout New S. Wales. Your Lordship is also pleased to
require me to report how far the discretion of this Government
has hitherto been exercised in fixing a higher rate than 5s. per
acre as the upset price of lands supposed to be of peculiar value.
Before I proceed to reply to the points Your Lordship has
referred to me, I would briefly advert to the observation to be
found in the Commencement of Your Lordship's Despatch. My
attention is there called to the discretionary power, vested in me
by recent instructions,* of fixing the upset price of Land at Port
Phillip at a lower rate than elsewhere, but, " for the purpose
only," as your Lordship observes, " of enabling me to determine
such a minimum as would prevent the inevitable result of fixing
it too high, namely, an unauthorised occupation, without pur-
chase, and a consequent dispersion of the Settlers throughout
the Territory."
It will long before this have been made known to Your Lord-
ship, by my Despatch dated the 12 November last, No. 121, that
I have not found it necessary to avail myself of this discretion,
and I am happy to find that your Lordship's further explanation
so fully upholds the interpretation placed by the Executive Coun-
cil upon the previous instructions received upon this subject, and
justifies the desire which I have uniformly felt to maintain the
present Regulations inviolate both in respect to the upset price
and to competition wherever Land is offered to sale by this
Government. The Survey at Port Phillip has not yet proceeded
so far as to allow of any Land being disposed of out of the Town-
ships of Melbourne and Williams Town, but the i acre allot-
ments sold at these places have realized an average price of
£35 19s. each, and I have no apprehension of any difficulty in
disposing of Country Sections in the neighbourhood of the Port
and Rivers, as fast as they can be measured for sale, at a price
at least equal to that at which the waste Lands are disposable in
the more ancient Settlements. Such being the case, the South
Australian Commissioners will have no further cause for the
alarm expressed in the letter of their Chairman lest the land
at Port Phillip should be sold at a lower rate than elsewhere in
this Colony.
In reply to your Lordship's enquiries, I proceed to state first,
with regard to the discretion, vested in this Government by the
terms of Lord Ripon's Despatch of the 10 July, 1831, to fix a
higher rate than 5s. an acre on land to which its situation might
give a peculiar value, that it has hitherto been but little exer-
cised. Town allotments for building on are always put up at a
Note 23.
BOURKE TO GLENELG. 77
higher rate, varying according to circumstances, and a higher 1837.
minimum price has been set upon portions of Land (ranging _ — '
from live to thirty acres each) on the shores of Port Jackson ^etftfion
near Sydney, and in a few other places. I do not, however, con- onprieeof
sider that, even with regard to these allotments, the augmenta-
tion is of any practical importance, competition being- always
act i vi' enough to secure a full price, exceeding in general that
which any public officer entrusted with their valuation would be
likely to place upon them. To this fact, I would draw Your
Lordship's attention as of the highest import in deciding upon
the second point referred to me, namely, the policy of raising the
minimum price generally throughout the Colony. Upon this Absence of
matter, I would beg leave to observe that, while the increase of minimum
wealth among an active and Commercial People secures the means pnce-
and the motives of free competition, it is probable that the sale
by auction prescribed by the existing regulations applies to each
case the surest criterion of value of which it admits, rendering
it needless and futile to resort to any speculative reasoning upon
the subject. A minimum price in such a state of things will be
of little or no importance for the purpose of preventing a sale
below the true market value.
The actual sale of Crown Lands, at various average rates Results
exceeding 5s. an acre in the several years from 1832 to 1836, auctionTaks3
may be seen by the accompanying statement* which will go far
to shew that the minimum price does not materially govern the
actual sale.
Every day is increasing in this Colony the influence of com- influence of
petition. Bona fide Settlers seeking to purchase land are con- compe ]
tinually uttering the bitterest complaints against mere specula-
tive buyers, who bid against them at the public auctions and
who sometimes endeavour to exact money as the price of their
withdrawal. Such persons are popularly stigmatized as Land
Sharks and Land Jobbers; and, whatever opinion may be formed
of their proceedings, their existence is a pregnant proof of the
vigorous spirit of competition prevalent at the Government Sales.
Not that I am prepared to assert that unopposed purchasers of
land at 5s. would never be induced to give more, had the land
been put up at a higher rate. Whatever minimum be fixed, there
will be found instances in which land acquired at that price
without opposition will prove a cheap bargain. But such is not
always the case. Land even of very inferior quality, happening
to possess a peculiar value to the individual purchasing it on
account of proximity to his other property or similar circum-
stances, finds a sale solely on this account, and cannot be con-
sidered as cheaply obtained even at the minimum price. The
* Note 24.
78
HISTORICAL RECORDS OF AUSTRALIA.
1837.
6 Sept.
Character of
vacant crown
lands.
Objections
to raising
minimum
price.
cases, in which land is sold without opposition from ignorance of
its marketable value on the part of the public, or from the
secret agreement or friendly forbearance of those' otherwise in-
terested in bidding against each other, must diminish yet more
and more as the colony advances in wealth and Population. Nor
are such cases, even were they more numerous, deserving of much
consideration. It is upon tendencies and general results, not
upon particular instances and exceptions, that all questions of
public policy are to be decided.
If it be objected that such an effective competition as I have
described, arising from encreased population and wealth, in
itself indicates the necessity of raising the minimum price of
1837 over that of 1831, I would observe that the Crown Lands
now in the market form only a surplus, in many cases they may
justly be called a refuse, consisting of lands which in past years
were not saleable at any price and were not sought after even as
free grants. As improvement and population penetrate through
the Colony, such lands begin to acquire a value, and there is a
stage in this process in which they are saleable at the present
minimum price of 5s. By declining in future to dispose of them
at this rate, it by no means follows that they will be sold at a
higher. The result may be to retain them for an indefinite time
unsold. Such a result, as Your Lordship appears fully aware,
is the more likely, or rather certain, in consequence of the alterna-
tive at the Settlers' command of wandering without authority
or restraint with his flocks and herds over the vast tracts of the
interior. A facility in acquiring the actual property in land at
a low price is the safest check to this practice, and it may here
be observed that the unauthorised occupiers of remote Crown
Lands do not wholly consist of small Flock-Owners of slender
means, but of the agents and shepherds of the wealthiest Colo-
nists, residing within the limits of location, who are continually
balancing between the opposite motives presented by the cheap-
ness of unauthorised occupation on the one hand and the desire
of adding to their permanent property in land on the other.
The extent of their purchases at the Government Sales corre-
sponds wTith the prevalence of the latter motive, and it is easy
to see that its influence must be weakened in proportion to the
augmentation of the upset price.
But though I am convinced that in almost every case the pre-
sent value of Land is obtained by means of the competition
excited by public sales, yet it is possible that an augmentation
of the minimum price would have the injurious effect of check-
ing the immigration of Persons possessed of small capital desir-
ous of establishing themselves upon Land of their own. There
BOQBKE TO GLENELG. 79
are very few new comers, who possess sufficient means to purchase ^■■'-
at a price much above 5s. the large trad of Land, which in this ___'
country is absolutely necessary even for the commencement of ?bJf?*?°"e
an ordinary grazing Establishment. Again, the inducement minimum
offered to retired officers to settle in the Colony by obtaining pme'
land at the minimum price would he much diminished if that
price were raised. These officers both as regards numbers and
character arc no small acquiesition to the rural population of
the Colony.
Apprehending therefore that to raise the upset price of Crown Reasons for
Lands would introduce much of the mischief I have represented; Jf^JJJJJJ"
believing also that the influence of competition is becoming daily minimum price.
a more certain safeguard against the sale of any land below its
just value; considering- further the general impolicy of meddling
without imperative necessity with any established system affect-
ing so nearly the foundations of property, especially with one
which has been found hitherto to operate so advantageously, 1
am unable to recommend any change in the minimum price at
which Crown Lands are, under the present Regulations, offered
to sale by public auction in Xew South Wales.
I have only to add, in reply to the observations contained in Regulation
the last paragraph of your Lordship's Despatch, that I am not Jo/iamis"
aware of any general relaxation of the Regulation requiring the purchased,
payment within one month of the whole purchase money of
Lands sold by Government. Occasionally payment may have
been received a few days later on cause shewn, with the view of
avoiding the ungracious proceeding of confiscating the deposit,
but such cases have always been rare, and latterly have become
more so. I have, &c,
Richd. Bourke.
Sir Richard Bourke to Lord Glexelg.
(Despatch No. 84, per ship City of Edinburgh; acknowledged bv
lord Glenelg, ISth May, 1838. )
My Lord, Government House, 7 September, 1837. 7 Sept.
I have the honor to transmit herewith for your Lordship's Claim for
perusal a copy of a Memorial, which Mr. Thomas Moore, a gTSS*?
Justice of the Peace of long standing in this Colony, has
addressed to me with a view to obtaining compensation for losses
sustained under very peculiar circumstances* therein detailed,
originating in a mistaken assumption of authority by the Gov-
ernor of Xew South Wales with the ostensible sanction of the
Court of Civil Jurisdiction in the year 1812.
As correct copies of the autograph opinions of this case of the
Judges and Attorney General of the Colony are subjoined to the
* Note 25.
80
HISTORICAL KECORDS OF AUSTRALIA.
1837.
7 Sept.
Compensation
proposed.
Memorial, it is hardly necessary for me to say more than that
I entirely concur in the justice of their observations. The diffi-
culty is to decide in what way the Government can now come
forward to Mr. Moore's relief. The case does not appear to me
one which I can with propriety submit to the Legislative Council;
but I would respectfully suggest that the amount of the loss,
which Mr. Moore shall upon full enquiry be found to have sus-
tained from the causes specified, be paid to him out of the
Revenue of Crown Lands. j have &c
Richd. Bourke.
[Enclosure.]
[A copy of this memorial is not available.']
8 Sept.
Despatch
acknowledged.
Statement to
be transmitted
re funds for
immigration.
Criticism of
new system.
Transfer of
charge for
police and
gaols to
colonial
treasury.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 85, per ship City of Edinburgh.)
My Lord, Government House, 8 Septr., 1837.
I have the honor to acknowledge the receipt of your Lord-
ship's Despatch of the 23rd March last No. 276, enclosing the
copy of a letter from Mr. Under Secretary Stephen to the
Secretary of the Treasury upon the subject of the new arrange-
ments proposed by Your Lordship for the more efficient and sys-
tematic scheme of Emigration to these Colonies.
In obedience to the instructions conveyed in the despatch, I
will not fail, by the earliest opportunity after the close of this
year, to transmit for Your Lordship's information a statement
of the balance of the fund applicable to Emigration remaining
unexpended at that period, holding two thirds of that sum for
your Lordship's disposal, and one third to meet the demands
for Bounties under the Government notice* of the 28th October,.
1835, or under any revised notice to a similar effect which may
be in force in the next year. That Your Lordship may form
some estimate of the amount which may probably be disposable
at the end of this year, I have the honor to transmit an abstract
of receipt and expenditure of the Revenue arising from Crown
Lands to the 30th June last.
Upon the proposed arrangement, I deem it my duty to submit
the following observations for Your Lordship's consideration.
In the despatch of Mr. Secretary Spring Rice of the 15 No-
vember, 1834, instructions were given for placing as a charge
upon the Colonial Treasury the Expences of Police and Gaols,
which had been previously borne by Great Britain. In the letter
on this subject addressed to Sir George Grey by the Secretary of
* Note 26.
BOURKE TO GLEXELG. 81
the Treasury on the 23rd September, 1834, it is stated that the i|37.
Lords Commissioners are prepared " to acquiesce in the local _!!!'
Treasury's continuing in the receipt of any surplus of the land SgJJjJ^1
Revenues beyond the sinus appropriated for the assistance of policeand
Emigrants and of the other casual Revenues <>f the Crown." fokmiai
Accordingly, at the end of each year since the receipt of this treasury,
instruction, the unexpended balance of these Revenues has been
paid over to the Colonial Treasurer in augmentation of the
general Revenue of the Colony, and the better to enable that
fund to sustain the heavy charges for Police and Gaols. With
regard to this branch of the present Colonial Expenditure (Police
and Gaols). I have already stated as well in my Despatch of the Necessity for
18th September, 1835, and in other communications upon the British* 0"
same subject (to which replies have not yet been received) that, treasury.
without some continued assistance from the British Treasury, it
will be found difficult permanently to provide the necessary funds
from the present resources of this Government. In expressing
this opinion, I did not anticipate the appropriation of the whole
proceeds of Crown Lands for the purposes of Emigration; and.
should this now be effected, the difficulty will be in proportion
greater. Nor is it at all diminished from the circumstance of Effect of
such an appropriation being generally approved by the Colonists, oFcrowiT *
since, in taking this view of the subject, the consequence of J-evenues to
being compelled to provide by new imposts for the necessary immigration,
annual expenditure of the Colony does not appear to have
engaged their attention. Yet this consequence will, I believe,
soon present itself, if, on the one hand, the Lords of the Treasury
decline to defray a considerable share of the expences of Police
and Gaols, while the assistance of the Crown Land Revenue
shall, on the other, be wholly withdrawn for the purpose of
Immigration. The annual charges of Police and Gaols, it is to Expenditure
be remembered, are considerably higher than was expected by andPgaois.
His Majesty's Government. In the letter of the Secretary of the
Treasury in 1S3-4 already referred to, they are calculated at
about £25,000, whereas, in the estimates which have just passed
the Council for the year 1838, they reach the sum of £45,200 .
13s. 4d., and, within the last two years, above £30,000 have been
appropriated towards the expence of new Gaols and Police
Buildings.
It should also be observed that many of the peculiar circum- improbability
stances, which have tended to the accumulation of the Colonial surplus of
Revenue for some time past, are not likely to continue. The revenue-
deficiency of labor has led to the retention of large sums, which
will immediately be expended when Immigration shall supply
the artisans required for prosecuting with effect the public
Ser. I. Vol. XIX— F
82
HISTOEICAL EECORDS OF AUSTEALIA.
1837.
8 Sept.
Probable
necessity for
increased
taxation.
Inability
to reduce
expenditure
on public
works.
Deficiency
in general
revenue.
Committee of
council re
immigration.
works, which are already estimated for, and others that are daily
becoming necessary in all parts of the Colony. The causes of
Expenditure of the Land and of the ordinary Revenue will thus
be simultaneous; and, however the Colony may continue to
prosper, there is nothing in its present financial condition to
-shew that, having reference to the above considerations, it will
be able permanently to bear without further taxation, and with-
out any assistance from the balance of Land Revenue, the charges
imposed upon it by the Lords of the Treasury in the year
1834, proceeding at the same time with its public works and
buildings on their present Scale. If it be proposed to meet the
emergency by diminishing the outlay upon public works, I fear
that serious inconvenience would be the consequence. Most of
the expensive works, already commenced or about to be so, have
been required for many years past, the deficiency of labour
having prevented their keeping pace with the wants of the public.
This erection may thus be regarded in the light of the bringing
up of arrears, and the outlay upon them from the accumulated
Revenues more as a past than a current Expenditure. In this
view of the case, the new works will lose much of their apparent
magnitude and expence. In very few of them could any saving
be effected, and the greater part of them are essential for the
welfare and security of the Colony. This will be made evident
by the detail which I have given of some of them in my Des-
patch of the 13 January, 1835, No. 4, since which comparatively
little progress has been made in any of the most important
buildings, with the exception of a Lunatic Asylum* now nearly
completed.
It may perhaps be thought that I have unnecessarily brought
this subject under consideration, as the Funds now in the Colo-
nial Treasury will authorise a large expenditure for some time
to come. Your Lordship will, however, perceive, by the financial
Minute of this year, that, if the actual Balance in the Treasury
on the 31st December last, arising chiefly from the unexpended
surplus of the Revenues of Crown Lands and the Estimated Bal-
ance of those Revenues on the 31st December last, taken at
£50,000, were not brought forward as part of the ways and means
for the year 1838, the general income would not cover the pro-
posed Expenditure by £JfO,000.
At the time I had the honor to receive Your Lordship's Des-
patch, a Committee of the Legislative Council was sitting, ap-
pointed at the beginning of the present Session for the further
consideration of the measures adopted and proposed with respect
to Immigration. I caused your Lordship's Despatch and its
Note 27-
BOURKE TO GLENELG. 83
enclosures to be added to the documents laid before the Com- 1837.
mittee, and awaited their report before replying-; I have now
the honor to forward a printed copy of the Report and Minutes
of Evidence. The latter have been already partially brought
under Four Lordship's notice in my Despatch of the 12th Ultimo,
No. 77.
The principal recommendations of the Committee requiring Recommenda-
. , n tions by
HOtlCe Consist Oi: committee re
A new scale of Bounties rather higher than the one at present immigration.
adopted, and which they prefer to the promise of a free passage.
The extension of the limitation of age to forty years in the
case of married men without reference to the age of their wives.
The granting of half bounty to men or women above that age,
who come out with their families as Immigrants to this Colony
and who are able to support them in it; and the resumption of
the practice of allowing quit rents to be redeemed at ten years'
purchase, twenty per cent, being added to the Established Bounty
when applied to the liquidation or purchase of quit rents.
Some part of these recommendations may be adopted with
advantage, and I propose in consequence to revise the Govern-
ment notice on Bounties.
I cannot concur with the Committee in their opinion of the objections
expediency of giving any Bounty on the part of Government for propose/for
the introduction of unmarried men unaccompanied by a corre- single men.
sponding number of single females. If the pressing wants of the
Settlers afford so strong a motive as is represented for the intro-
duction of single laborers, it may be left to individuals to bring
them to the Colony at their own expence. It would in my opinion
be a short sighted policy in the Government to offer any bounty
for a measure that would tend to continue the disproportion of
the sexes.
The recommendation of the Committee that Immigrants arriv- Proposed
ing with Capital for the purpose of settling should be allowed J^SfisTof"
a remission in the purchase of land in consideration of the land for
expence of the passage of themselves and their families, but not passage.0
exceeding £160 in amount, is in principle similar to a proposal
which has been before made by the executive Council in a
minute transmitted with my Despatch of the 14 August, 1835,
No. 81, but to which insuperable objections were expressed in
your Lordship's answer dated 10th March, 1836, No. 126.
Upon the subject of Indian Laborers,* the report does not Proposed
appear to me such as to encourage any prospect of advantage ^Indian10"
from the introduction of these Persons sufficient to compensate labourei-s-
the expence and inconvenience. The attempt would I fear prove
* Note 28.
84
HISTORICAL RECORDS OF AUSTRALIA.
1837.
8 Sept.
a sacrifice of permanent advantage to temporary expediency.
The subject will probably be brought forward again at the next
Session of the Colonial Legislature, but I do not propose in the
mean time to adopt any proceeding on this branch of the
subject.
I have, &c,
KlCHD. BOURKE.
[Enclosures.]
[Copies of these papers were printed in the
ceedings " of the legislative council.']
Votes and Pro-
9 Sept.
Report re
New Zealand.
Visit of
W. Hobson to
New Zealand.
Report by
W. Hobson.
Proposal for
establishment
of factories.
Sir Kichard Bourke to Lord Glenelg.
(Despatch No. S6, per ship City of Edinburgh.)
My Lord, Government House, 9 Septr., 1837.
While awaiting the long deferred measure, which your
Lordship has recently announced an intention of resuming, for
the parliamentary regulation of the intercourse between British
subjects and New Zealand, it may be proper to lay before His
Majesty's Government whatever information I am able to procure
upon this difficult question.
With this view having lately had occasion in consequence of
a war breaking out between two Tribes at the Bay of Islands
to request Captn. Hobson, commanding H.M.'s Ship Rattlesnake,
an experienced and judicious officer, to repair to New Zealand to
afford to British subjects resident there and to British Shipping
such protection as might be required, I proposed to him to
make known to me on his return the opinions, which his obser-
vations whilst there might lead him to form upon the present
state of New Zealand and the means of securing, with the least
possible overt interference, the common interests of the Natives
and of the British settled amongst them. This request has been
complied with in the letter of which a copy is transmitted, and
which appears to me to contain suggestions of great value.
Captn. Hobson proposes the introduction of Commercial Estab-
lishments confined within certain limits, upon a plan resembling
the Factories of the early trading companies resorting from
Europe to India, and within which limits resident British sub-
jects shall be placed under the protection and obligation of their
own Laws; Premising as an inflexible condition that nothing
whatever be established on the part of the British Government,
which is not cheerfully conceded on terms of clear mutual in-
terest by the natives. The details of the proposed measure may
be varied to suit whatever circumstances may arise, and this
without giving any reasonable cause for jealousy on the part of
BOUEKE TO GLENELG. 85
other states or exciting alarm in the breasts of those Philan- 1837.
fchropists, who so creditably and powerfully advocate the rights
of the aborigines all over the world. It is neither possible nor inability
desirable to put a stop to the growing intercourse between the Intercourse
English Colonies in these seas and New Zealand, the extent of withNew
which will appear by the accompanying Return. If the British
Resident were withdrawn, which I represented in a former
Despatch* to be an alternative preferable to his being left there
without adopting some further measures to secure the professed
objects of his appointment, the public might indeed be warned
that the trade of New Zealand was to he carried on at their own
hazard; but it would be difficult for His Majesty's or for this or to refuse
■Government to act for any length of time upon the stern prin- British.10"
ciple of absolute non-interference, it' the lives or the property of subjects-
British subjects appeared to be in jeopardy. Any plan therefore,
by which intercourse might be sufficiently regulated and usurpa-
tion, real or apparent, avoided, providing at the same time for
its support without drawing upon the Revenues of this Colony,
is well worthy of serious consideration. I confess that I am un- Approval
able to submit a better arrangement than this, which Captn. w. Hobson.
Hobson has proposed, and therefore beg leave to recommend his
letter to Your Lordship's attention.
With Captn. Hobson's Report, I have the honor to transmit Report by
the copy of a letter received by his hands from the Resident, New Zealand.
Mr. Busby, describing at considerable length the present condi-
tion and character of the Xew Zealanders, and the manner in
which they a*e affected by the intercourse of Europeans. This
letter contains suggestions for the future proceedings of Great
Britain towards Xew Zealand, which are not without value, but
which would probably be found difficult to reconcile with some of
the peculiar circumstances affecting the matter under considera-
tion. Mr. Busby recommends that Great Britain should under-
take the protection of Xew Zealand, and for this purpose should Proposal to
maintain British Troops on the Islands. But, though this under- British troops
taking should be commenced with the greatest good faith and in New Zealand,
purest intentions, it would be open to misinterpretation; and,
in a remote country where it is hardly to be expected the law
would be very efficiently administered, it might be eventually
perverted by British Subjects to selfish purposes.
A part of Mr. Busby's Letter being taken up in the description
of the native War to which I have alluded, and which alarmed
him for the safety of the European Inhabitants, I am happy to Restoration
he able to shew, by the copy of a letter since received from him, amongst
that peace is now restored. Your Lordship will perceive with Maoris.
pleasure that it has (I believe for the first time in Xew Zealand)
* Note 29.
86
HISTORICAL RECORDS OF AUSTRALIA.
1837.
9 Sept.
Visit of C. de
Thierry to
Sydney.
Intentions of
C. de Thierry.
been effected without the loss of human life by way of retaliation
or as the price of accommodation, a piece of land being accepted
in compensation of an aggression, which had caused the death
of a woman belonging to one of the belligerent Tribes.
I take the present opportunity of stating that the " Baron de
Therry," who was mentioned in Your Lordship's despatch of the
26 August last, is at present in Sydney, where he has arrived on
his way to New Zealand to seek possession of a large tract of
property, which he claims to have acquired by purchase. He has
complained to me that the Spars for the use of the navy to be
furnished to H.M.'s Ship Buffalo, now proceeding from hence to
New Zealand, are cut on his land; but I have declined interfering
in any way in the matter. Nor have I considered it my duty
to interpose any obstacle to his proceeding to New Zealand, of
which Country he claims to be a Chief by right of his purchases.
He denies all intention of prejudicing the interests of Great
Britain, and professes a reliance upon moral influence alone for
the authority he expects to acquire among the New Zealanders.
I have, &c,
Richd. Bourke.
[Enclosures.]
[Copies of these papers will be found in a volume in series III.J
10 Sept.
Testimony to
services of
officers of
H.M. ship
Rattlesnake.
Services of
W. Hobson at
Port Phillip.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 87, per ship Hebe; acknowledged by lord Glenelg,
28th February, 1838.)
My Lord, Government House, 10 Septr., 1837.
His Majesty's Ship Rattlesnake having lately returned to
the Indian Station after a year's duty in these seas, I feel myself
called upon to bring under Your Lordship's notice the services,
which have been rendered to this Colony by her commander
Captn. Hobson, and by several of the officers under his orders.
Captn. Hobson was here at the time I received your Lordship's
permission to occupy Port Phillip, and, having proposed to him
to take the naval charge of the expedition directed to proceed
from hence, he most readily undertook the duty and remained
at Port Phillip in constant and active employment, until the
most necessary arrangements were made on shore, and he had
laid down buoys to facilitate the navigation through some in-
tricate channels, and made considerable progress in a survey of
the waters of Port Phillip. LTpon a second visit he completed
his charts, three in number; a general one of the Coast of Port
Phillip, one of the several navigable channels, and a third of
Hobson's Bay. These have in the usual course of service
been forwarded to the Admiralty Hydrographer ; but he has left
BOURKE TO GLENELG. 87
duplicates with me, with permission to have them engraved and J,^7;.
as many copies taken as the Exigencies of the service may
require. He has thus rendered to the trade of this Colony and
of Van Diemen's Land a very important benefit.
Eaving brought this service under Your Lordship's notice, it officers
is my duty, and I know it is Captain Hobson's wish, that I should aurvejraat
mention the names of those officers of the Rattlesnake, who were Port Phillip.
principally engaged in making the survey. A large share of the
fatiguing duty of the measurement, and the task of laying all the
work down, fell to Mr. Shortland. a Mate of some standing and
much respected by his Commander. Lieut. Symonds took the
next considerable part of the fatiguing duty in boats, and a part
was performed by Lieut. Henry. Observations wrere made on
board by the first Lieutenant Richards and the Master, Pope. I
trust Your Lordship will do me the favor to lay the names of
these meritorious officers before the Lords of the Admiralty with
this brief account of the service they rendered to the Colony, in
the hope that it may meet with encouragement and reward.
To Captain Hobson, I am further indebted for the very able Services of
Report on the state of Xew Zealand, a copy of which I had the NevT&Xnd"
honor to transmit writh my Despatch of the 9th inst. I have
every reason to believe that the recent pacification of the Tribes,
which I have reported, is in great measure attributable to the
exertions made by Captn. Hobson when at Xew Zealand to effect
so desirable an object.
I have only to add that, upon every occasion in which the ser-
vices of the Naval force under his command were required, I
obtained from Captn. Hobson the most zealous and efficient
assistance. I have, &c,
Richd. Bourke.
Sir Richard Bourke to Lord Glexelg.
(Despatch No. 88, per ship Hebe: acknowledged bv lord Glenelg,
3rd April. 1838.)
My Lord, Government House, 11th September, 1837. n Sept.
Since I had the honor of addressing to your Lordship Request by
my Despatch of the 13th June last, Xo. 43, upon the subject of Sffiricto*
the Civil Establishment required for Port Phillip and the remote G!elK1"ghfornt
Southern Districts of the Colony, I have received a Memorial of civil
from a considerable number of Persons, who, removing from Van authont-v-
Diemen's Land, have placed themselves with their Flocks and
Herds upon the Western Shore of the Waters of Port Phillip
and along the Rivers which flow into that Estuary or into the
sea adjacent. The Memorialists represent the want they already
experience of some sufficient Civil authority to preserve order
88
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
11 Sept.
Request by
settlers in
district of
Ceelong for
establishment
of civil
authority.
Appointment
of F. Fyans
as police
magistrate
at Geelong.
Necessity for
appointment of
lieut.-govarnor
or commandant
amongst themselves, but more especially to prevent any collision
between their scattered population and the Aboriginal Natives,
who frequent in rather large numbers the fertile Districts in
which the Memorialists are seated. They evince a very laudable
anxiety to prevent on their part any aggression upon the Natives,
and seem willing to make considerable sacrifices to establish an
amicable intercourse with them. This object they state is not
likely to be satisfactorily effected unless by the active operation
of a Functionary, Clothed with sufficient authority and possess-
ing sufficient force to prevent excesses on either side. The
District, which these Settlers occupy and which may be called
by the Native name of Geelong, is between 60 and 80 Miles dis-
tant from Melbourne and thus too far removed from the Civil
Establishment at that Place to derive any effective assistance
from it.
Under these circumstances, I have thought it right to appoint
a Police Magistrate for Geelong with a small Constabulary. I
have not directed any Military to be stationed there, relying upon
the good disposition of the Settlers to provide the Magistrate
with such a force as shall enable him to execute the laws and to
preserve peace between them and the Aborigines. To the latter
object, the protection and Civilization of the Native Blacks, I
have most especially called the Magistrate's attention and have
furnished him with instructions and with the necessary means
as I hope for accomplishing my wishes. I have appointed Cap-
tain Fyans, late of the 4th Kegiment, to this Magistracy and
place the greatest reliance on his activity, humanity, good temper
and considerate disposition.
This appointment will, I trust, meet with your Lordship's
approbation; at the same time, I would beg leave to observe that
it is not calculated to obviate the expediency of those proposed
for adoption in my Despatch before referred to. The necessity
for appointing a Lieutenant Governor or Commandant to con-
trol the several subordinate Functionaries placed at so great
a distance from the principal seat of Government becomes more
apparent as the number of these Functionaries is enlarged. The
encreasing exigencies of the Southern Districts will speedily re-
quire further appointments, nor can they with reason- be with
held, as the local Revenue to be derived from Land sales and
Customs will no doubt furnish sufficient means for meeting the
expence.
A schedule of the appointment now reported is annexed, which
I hope Your Lordship will be pleased to confirm.
I have, &c,
Richd. Bourke.
BOURKE TO GLENELG. 89
Sir Richard Bourke to Lord Glenelg. 18<?7\
12 Sept.
i Despatch No. 89, per ship Hebe.)
My Lord. Government House, 12 September, 1837.
In reply to Your Lordship's Despatch of the 10th Decem-
ber last, No. 238, desiring a Report upon the circumstances of
the case of Thomas McConnell, who bad applied to the Lords Transmission
of the Treasury to be restored to the Pension List, I have the t. McComfeii.
honor to transmit an Extract from the Report of the Judge, be-
fore whom this Individual was convicted in the month of August,
1835, of shooting with intent to kill. By this conviction, his
Pension has been forfeited; but the mitigating circumstances
mentioned by the Judge, and, in consequence of which the sen-
tence was commuted to a slight imprisonment, may, I hope,
justify me, when joined to the proofs of general good character
attached to the Memorial addressed to the Lords of the Treasury, Restoration
in recommending a compliance with its prayer by the restoration recommended,
of the Pension from the period of its suspension.
I have, &c.,
Richd. Bourke.
[Enclosure.]
Extract from Statement of the cases of Prisoners Capitally con- statement
victed at a Criminal Sessions of the Supreme Court of New ,pe jj^ of
South Wales, holden on the third day of August and following
days in the year of Our Lord 1835, before William West-
brooke Burton, Esquire, one of the Judges of the said Court.
Thomas MacConnell, Free, convicted of Shooting at Mary Warne
with intent to kill.
Sentence of Death recorded.
" The Prisoner was. at the time of committing the Offence of
which he has been convicted, a constable on the North Shore ; and,
on the 0th of May last, having been to Sydney on duty, was waiting
at the Slaughter House Point for an opportunity of returning home,
and. being very much intoxicated, was set upon by five Women of
the Town, who appear to have gathered round him and assailed
him in every way calculated to irritate to the utmost a man in his
state, and this for so long at least as twenty minutes. He appears
to have exercised considerable forbearance for a time, but at last
became so infuriated as to discharge a loaded Pistol, which he
unfortunately had in his hand at the time, at one of them, and hit
her in the forearm, fracturing one of the bones. She has since
recovered, having suffered no material injury. The Prisoner re-
ceived an excellent character from Alexander Berry, Esquire, M.C.,
and Major limes, both as to his humanity and respectability, and
until latterly as to the general habits of temperance ; but, having
within the last twelve months lost a daughter on her voyage from
Port Macquarie to Sydney, by which he was much affected, his mind
90
HISTORICAL RECORDS OF AUSTRALIA.
1837.
12 Sept.
has become much injured by it, and he has since been two or three
times seen intoxicated.
" Under all these circumstances, I do not consider his case to
require any severity of punishment, and I would recommend his
sentence to be commuted to an Imprisonment of not longer than
three months' duration."
13 Sept.
Report by
T. McDonnell
re negotiations
for peace
amongst
Maoris.
Sir Eichard Bourke to Lord Glenelg.
(Despatch No. 90, per ship Hebe.)
My Lord, Government House, 13th September, 1837.
Referring to my Despatch of the 9th Instant, No. 86, with
which I forwarded a Letter from Mr. Busby, the Resident at
New Zealand, announcing the discontinuance of the hostilities
which had prevailed among the Tribes in his neighbourhood, I
think it right to transmit for Your Lordship's further informa-
tion a Letter I have since received on the same subject from
Mr. McDonnell of Hokianga, who formerly held the appointment
of additional British Resident. Your Lordship will perceive that
Mr. McDonnell claims for himself the whole merit of negotiating
the peace. Whether to be fully entitled to this distinction I
have not at present the means of judging. The severe reflections,
which he casts upon Mr. Busby and the Church Missionaries,
are of course not to be admitted on the sole authority of a Person
of such sanguine and hasty temperament as the letter displays;
and there might be an injustice in these portions of it being
published in the event of papers regarding New Zealand being
laid before Parliament.
I have not, however, deemed this a sufficient reason for with-
holding from Your Lordship's perusal a communication, which
throws an additional and rather interesting light on some fea-
tures in the state of society in that Country.
I have, &c,
Richd. Bourke.
[Enclosure.]
[A copy of this letter will be found in a volume in series III.']
14 Sept.
Proposed
appointment of
collector of
customs at
Melbourne.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 91. per ship Hebe; acknowledged by lord Glenelg.
29th May, 1838.)
My Lord, Government House, 14 September, 1837.
I have the honor to transmit the Copy of a letter addressed
by the principal officers of Customs at this port to the Colonial
Secretary. I coincide in opinion with these gentlemen and beg
to recommend the appointment of Mr. Cooper as Collector at
Melbourne with the other proposed arrangements. It is, I am;
BOURKE TO GLENELG. 91
assured, quite accessary to appoint an efficient Establishment for 1837.
the Customs in a district, where trade has encreased and is en- _li' '
creasing with great rapidity, and in a Colony of which the Chief JSwiiSment
ordinary Revenue arises from the duties of Customs. required at
t <• ,i £ Melbourne.
As some inconvenience is now experienced tor the want ot an
office of receipt for monies paid for Crown Lands, Licenses for
retailing- spirits, and other sources of revenue at Port Phillip,
I would recommend that the suggestion be adopted of allowing collector to
the Collector of Customs to act as an Under Treasurer to ™l£m™*ev~
receive monies and pay out on the Governor's warrant, giving
security in London for £5,000, and receiving a Salary of £200 a
year in addition to that of Collector. I have, &c,
RlCHD. BOURKE.
[ Enclosure. 1
[A copy of this letter is not available.]
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 93, per ship Hebe.)
My Lord, Government House, 19 September, 1837. 19 Sept.
Referring to my Despatches named in the margin,* in
which I informed your Lordship of the contagious fever which
had broken out on board the Ship " John Barry," bringing Emi-
grants from Scotland to this Colony, and that the Passengers
had in consequence of the fever been placed in Quarantine on
arrival, I have now the honor to report that the greater number
of them were released under the advice of the Board of Health Release of
on the 8th instant, and having come to Sydney have readily found J"0mlgrants
employment at high wages in their several trades or callings, quarantine.
They appear not to have suffered during the Quarantine and
promise to be a useful body of workmen.
There still remain twelve Persons in the Lazaretto, either in ^e,rs?nsd .
Hospital or as Convalescents; but I am happy to say that none quarantine,
of the cases in Hospital seem likely to terminate in death. The
mortality, however, amongst these Emigrants has been very
afflicting, thirty seven persons having fallen victims to the fever Mortality
or other disease since the Embarkation at Dundee. I transmit fmSfrants.
a nominal List of the deaths which occurred before and after
the Ship's arrival. Of this number, twenty two are children
under twelve years of age.
There are still some of the Emigrants now free from disease
detained in Quarantine as a precautionary measure, but who
will I trust be released in a few days. I have, &c,
Richd. Bourke.
* Marginal note. — The margin is blank in the copy available {see note 30).
92 HISTORICAL RECORDS OF AUSTRALIA.
1S37. Sir George Gipps to Lord Glenelg.
19Sept (Despatch* marked "Separate.")
My Lord, London, 19th Sept., 1837.
Criticism of Having by your Lordship's desire perused the instruc-
matron and tions, which have been drawn up for the guidance of Mrs. Leach
femaOeftakny aTL^ -^r- an(^ -^-rs- Clapham, who are now on the point of pro-
ceeding to New South Wales for the purpose of introducing an
improved system of Discipline into the Female Factory at Parra-
matta, I think it right to submit to your Lordship that these
instructions appear to have been framed on the supposition that
each prisoner is confined in a separate Cell, whereas, according to
the most authentic information I can obtain, the very reverse
of this is the case, the women being simply divided into three
classes, and occupying large rooms, in which sometimes even as
Necessity for many as fifty are congregated by night and by day. The necessity
femakfactory" °^ seParati°n m an Establishment of the nature of that at Parra-
matta is now so fully admitted, that I think it unnecessary to
trouble your Lordship with any arguments to prove its advan-
tage; I will therefore simply explain that my reason for address-
ing your Lordship thus early on the subject (and as it otherwise
might appear prematurely) is that I cannot but feel that much
of the success to be hoped for from the appointment of Mrs.
Leach and Mr. Clapham will depend on their being able at once
to enter on the system, which they have been instructed to follow,
which however cannot be the case, if the delay is to be encoun-
tered of writing to England for an authority to make the altera-
tions in the buildings, that may be absolutely necessary for its
adoption. I therefore beg leave to submit to your Lordship,
whether it be not expedient that I should, before I quit this
country, be provided with authority to incur the necessary ex-
pense for making separate Cells, so far at least as the third or
penal class of the inmates of the Factory is concerned.
I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(A circular despatch.!)
Sir, Downing Street, 20 September, 1837.
With reference to the rules which have been laid down
Requisitions respecting Requisitions for Supplies for the use of the Colonial
Governments, and which rules are specially alluded to at
Pages 35, 36 and 37 of the Printed collection of Regulations
transmitted to you in April last, my attention has been directed
to the fact that a variety of practice prevails in the mode of
transmitting home such Requisitions.
* Note 81. t Note 32.
20 Sept.
Instructions re
requisitions
for supplies
GIPPS TO GLENELG. 93
In order to obviate in future the inconvenience which fre- 1837.
quently arises from this circumstance, it is the desire of Her _ — '
Majesty's Government that all Requisitions for Supplies for the JjJ^StkXJ "
use of the Colony under your Government should be transmitted for supplies.
to the Agent through this office, and that the Governor should
certify in each case whether such requisitions are made for the
current supply of an established and customary service and sanc-
tioned by Her Majesty's < rovernment, or for Articles of an extra-
ordinary nature, or for a service not so sanctioned.
In the latter case, it is necessary that the Requisitions should
be accompanied with all the explanations necessary for the guid-
ance of Her Majesty's Government in determining whether they
should or should not be complied with.
In every case the Signature of the Governor should be at-
tached to the end of the List containing the specific articles
required. I have, &c,
Glenelg.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 04. per ship Hebe; acknowledged by lord Glenelg.
27th February. 1838.)
My Lord, Government House, 20 Sept., 1837.
I have the honor to transmit herewith an act which passed Submission of
the Legislative Council of this Colony on the 13th inst., entitled, company's act&
" An act to facilitate proceedings by and against the Royal
Exchange Co.* and for other purposes therein mentioned."
Being a private act, it cannot be in force until confirmed by
His Majesty; and I therefore take the earliest opportunity of for-
warding it, especially as the objects it has in view are of con-
siderable moment to the Commerce of the Colony.
I have, &c,
Richd. Bourke.
Sir George Gipps to Lord Glenelg.
(Despatchf marked " Separate.")
My Lord, London, 20th Sept., 1837.
I beg leave to report to your Lordship that, agreeably to Problems re
the directions conveyed to me verbally by Sir George Grey, I JfJonvicte.
have perused with attention the Despatch^; which was addressed
to your Lordship, under date of the by Sir Richard
Bourke on the subject of the Road parties in !New South Wales,
as well as a memorandum on the same subject attached to that
Despatch by Sir George Arthur; I have also given my attention
to the evidence recently delivered by different witnesses on the
state of the Road parties, before the Transportation Committee
* Note 33. f Note 31. t Note 34.
91
HISTOKICAL RECORDS OF AUSTRALIA.
1S37.
20 Sept.
Previous
■experience of
Sir G. Gipps.
Proposal for
employment of
royal sappers
and miners with
road gangs.
Reports re
control of
convicts at
Bermuda.
Reasons in
favour of
employment of
sappers and
miners.
of the House of Commons, and to the opinions* expressed to the
same Committee by Colonel Breton on the employment of Sol-
diers of the Line as Superintendents of such parties, or in any
way that may bring them into immediate contact with the
convicts.
Before I proceed further, it may be right for me to explain
to your Lordship that the Superintendence of forced labor is
a subjectf by no means new to me; as I have, in times not very
remote, had convicts employed under my own orders, and had a
still more extensive control over the labor of slaves in the West
Indies.
It is therefore no less as the result of my own experience, than
from an attentive consideration of the papers referred to me by
your Lordship, that I venture respectfully to express a very
decided opinion that the views of Sir Richard Bourke would be
best accomplished, and the objections of Sir George Arthur and
Colonel Breton best obviated, by the employment of Soldiers of
the Corps of Royal Sappers and Miners, instead of Soldiers of
the Line, not only in the Superintendence of Road parties, but of
every other description of forced labor, where an adequate num-
ber of civil overseers can not be procured.
It is I believe generally admitted that the place where the
labor of the Convicts has been applied to the best advantage is
Bermuda ; and I hope I shall therefore be excused, if I ask your
Lordship's attention to the written opinions which I enclose of
two officers, who successively held the post of Commanding
Engineer in that Colony.
The first is expressed in a letter from Lieutt. Colonel Blan-
shard, who was in Bermuda from 1822 to 183-0 ; the second is from
Lieut. Colonel Tylden, who succeeded him, and remained there
from 1831 to 1836.
A third document, which I take the liberty of enclosing, con-
sists of queries proposed by myself, and answers returned to them
by Colonel Tylden, on the subject generally of Convict manage-
ment at Bermuda. These answers have no immediate reference
to the employment of Sappers, but they may serve to shew the
degree of experience which Colonel Tylden had in the Colony,
the attention which he gave to the subject, and consequently the
weight which his opinions ought to carry with them.
In addition to what is stated by these two Officers in favor of
the employment of Sappers, I would beg leave to submit to your
Lordship the following considerations.
That sappers are just as efficient as any other Soldiers, should
their Military services ever "be required, and not (as soldiers)
more expensive.
Note 35.
Note 36.
G1PPS TO GLENELG. 95
That soldiers of the Corps of Sappers and Miners are always 2o s^pt
under the entire control of the Commanding Engineer, whilst — - '
Soldiers of the Line, though employed on Engineer duties, must *eva0s°nofin
be imperfectly so; that the latter may be recalled at the discre- employment of
tion of their own commanding officers, and must at any rate be miners,
withdrawn when their regiments leave the Colony; and that the
-employment of soldiers of one Corps under officers of another
is, I am sure, what every Military man would wish as much as
possible to avoid.
That, being regularly instructed and trained at an Establish-
ment supported for that express purpose at Chatham, Sappers
are qualified far beyond any other Soldiers for the superintend-
ence of any sort of labour; that they are even better qualified
than the majority of such Civil Overseers, as are likely to be met
with in a distant Colony; and that they may be had at a much
cheaper rate.
As a proof of the extent to which education has been carried
in the Corps of Sappers and of the probability of their being
useful in a Country like Xew South Wales, I would beg leave to
remark to your Lordship that a large proportion of the work of
the Ordnance Survey of Ireland is performed by them; that
there are many Privates, who are capable of carrying on the
work, even when absent from their officers ; and that a great
deal of the Copperplate engraving for the published maps is also
performed by them.
It is on their superior education, and on the high character
they have always been found anxious to maintain, that their
officers would rely for their not being contaminated by their
intercourse with Convicts; and on this subject I would particu-
larly request your Lordship's attention to what has been said by
Colonel Tylden.
Upon the proposal of Sir Richard Bourke to transfer the Proposed
Road Gangs to the Commanding Engineer, it is remarked by road5 gangs to
Sir George Arthur that the duties, with which that officer is commanding
engineer.
already charged, will prevent his personally superintending them,
and that he therefore must of necessity delegate this duty to
another; this is undoubtedly true; but it is also true that in no
extensive department whatsoever can all the duties of detail
he conducted by the officer at the head of it ; and to whom, I would
ask, could the immediate charge of these parties be delegated
hetter than to a Junior officer of Engineers, who would at the
same time be responsible (which no civil officer can be) for the
discipline of .the Sappers ?
Sir George Arthur has further remarked that the interven-
tion of the Board of Ordnance will soon follow, if Officers of
96
HISTORICAL RECORDS OF AUSTRALIA,
1837.
20 Sept.
Possibility of
clashing
of orders.
Remuneration
for convicts.
Necessity for
military
reinforcements.
Engineers are employed in the way suggested by Sir Richard
Bourke, and that such intervention will have a tendency to clash
with orders emanating from the Colonial Office. I am perfectly
aware (for I had in the West Indies ample proof of it) that, when
about the year 1824 new and very responsible duties were thrown
in the Colonies on the officers of the Ordnance, such clashing did
occasionally take place; but even then it occurred not so much
with Governors in their Civil, as in their Military capacities.
Where however the system under which public works are now
carried on in the Colonies is well understood, I am convinced
that there ought to be no clashing, but that on the contrary the
system is one that may be worked easily and economically.
It appears from Colonel Tylden's paper (No. ) that it was
the custom in Bermuda to give some remuneration to the Con-
victs, as an encouragement for their exertions; this is not, I be-
lieve, the custom in New South Wales; though all experience
teaches us that, in the absence of extreme severity, it is only by
such means that anything approaching to a good day's work can
be obtained from a forced laborer.
Sir George Arthur has I think very justly observed that it
will be necessary in New South Wales to have some substitute
for the Boad parties, because some intermediate step is required
between a Chain Gang and assigned service; in the same way,
it seems very desirable to me that there should be some inter-
mediate state between unrequited labour in the Public Works
and a Ticket of Leave; and, though it may be objectionable to
open the field of reward to men in the early stages of their
punishment, it would I think be highly desirable that they
should be accustomed gradually to the use of money, and to the
enjoyment which the use of it commands.
Lastly, My Lord, I would observe that, as a demand is on the
point of being made on the Military force in New South Wales
for a detachment to accompany Sir Gordon Bremer to the
Northern Coast* of it, it may be very doubtful whether the
strength of the Regiments in the Colony will be sufficient with-
out a reinforcement to carry into effect the measures proposed
by Sir Bichard Bourke. I will only add that two Companies is the
proportion, which, in my opinion, it would be desirable to send out.
With respect to the difficulty that exists in finding proper
Civil Overseers in New South Wales, I would beg leave to refer
to the evidencef of Mr. James Macarthur, given on the
before the Transportation Committee. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.']
* Note 37. f Note 35.
GLENELG TO BOURKK. 97
Sir Richard Bourse to Lord Glenelg. i837.
22 Sept.
( I>t>s|»;itcli No. 95, per ship Hebe; acknowledged by lord Glenelg,
20th -May, 1838.)
My Lord, Government House, 22 Septr., 1837.
I have the honor to transmit a Memorial, which has been claim by
addressed to the Right Honble. The Lords of the Treasury by ^SSS^
Mr. Neville, who, having been appointed a Landing- Waiter fori
in the Customs by my Predecessor in January, 1829, has re-
cently been superseded through the appointment of another
person by their Lordships. Having been undisturbed in his
office, and fulfilled its duties with diligence and ability for up-
wards of eight years, his removal without notice at this time
is felt by him as a severe disappointment, and I am acquainted
with circumstances to which he has not adverted, which render
his situation peculiarly painful. I cannot wonder therefore at
bis applying for some compensation for the loss of office; but.
as his case does not conic within any Regulation which would
authorize compensation from this Government, I can only for-
ward his Memorial for the favorable consideration of the Lords
of the Treasury. I have, &c,
RlCHD. BOUREE.
[ Enclosure. 1
\A copy of this memorial is not availahle.~\
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 371, per ship Emma Eugenia.)
Sir, Downing Street, 23d Sept., 1837. 23 Sept.
I have the honor to acknowledge the receipt of your Des- Despatch
patch No. 23 of the 29th April enclosing a Memorial and other acknowledged.
Documents from Mr. Hovell, praying for a Grant of Land in
compensation for his former Services in exploring the Interior
of Xew South Wales.
I concur with you in thinking that Lord Stanley's decision on Previous
the case, which is quoted in your Despatch, must be regarded confirmed™
as conclusive. Had any additional argument been required to claims of
dissuade the Grant to Mr. Hovell of the Land for which he prays,
I should have derived it from the long list of Cases stated in
the Appendix to the Memorial in which such Grants have been
made in former times. They afford a striking illustration of the
improvidence with which the Public Property at Xew South
Wales was alienated when the disposal of it was attended with
no immediate and direct charge on the Public.
I am well convinced that the general good of the Colony not-
only admits but requires that Meritorious public Service should
Ser. I. Vol.. xix— o
98
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
23 Sept.
Rewards for
public service.
Remission to
W. H. Hovel 1
of debt due to
government.
be remunerated with Justice and with Liberality. But I am of
opinion that every such remuneration should be made either
in the manner contemplated by Lord Stanley, that is, by calling
the Party to some office of emolument, for which he may be
qualified or by a direct Vote of Money.
In the present Case, you report that the former method is
impracticable. I will therefore recommend to the Lords of the
Treasury to authorize the remission to Mr. Hovell of the debt,
which you state has been long owing by him for Services of
Convicts in clearing Land. This remission, however, must be
regarded by Mr. Hovell as the only compensation which Her
Majesty's Govt. wrill be able to assign to Him. I have, &c,
Glenelg.
Request of
J. Nicholson
for restoration
of half pay.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 96, per ship Hebe; acknowledged by lord Glenelg,
7th March, 1838.)
My Lord, Government House, 23 Septr., 1837.
At the request of Mr. John Nicholson, the Harbour Master
of this Port and also a Master in the Navy, I have the honor
to transmit a Memorial, which he has addressed to the Lords
Commissioners of the Admiralty, praying the restoration of a
portion of his half-pay which has been deducted since the year
1828 under the circumstances which he details. As I can vouch
for the correctness of his statements with respect to the nature
of his services and the manner in which his Salary has been
fixed in this Colony, and also for his meritorious official con-
duct and excellent character during six years that I have had
charge of this Government, I am induced to request that Your
Lordship will transmit his application with a recommendation to
the favorable consideration of the Lords of the Admiralty.
I have, &c,
RlCHD. BOURKK.
[Enclosure.]
\_A copy of this memorial is not available.']
26 Sept.
Memorial
received from
H. Dangar.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 372, per ship Waterloo.)
Sir, Downing Street, 26 September, 1837.
I have the honor to acquaint you that I have received a
Memorial from Mr. Henry Dangar a resident in New South
Wales.
I request that you will express to the Memorialist my regret
that, by transmitting his statement directly to this office instead
GLENELG to BOURKE. 99
of conforming to the general rule which requires that it should 1887.
be communicated through the Governor, Mr. Dangar should have
subjected himself to the inconvenience and delay inseparable
from a reference of the ease to the Governor for his report.
Without such a Report, it is impossible that Her Majesty's
Government could adopt or form any opinion on the claims of
the Memorialist.
Wni will, therefore, apply to Mr. Dangar for a Copy of his Report
Memorial, which you will transmit to me with your opinion on JSmorial?"
the statements and pretensions advanced in it.
I think it right, however, in order to prevent any unfounded Refusal to
expectation which might otherwise be excited by this reference, dSions! mer
to remark, as Mr. Dangar should be given to understand, that I
must decline to review the decisions* on his claim formed by
my Predecessors in Office, except in so far as it can be shown
that those decisions proceeded from an erroneous or imperfect
statement of fact-. I have, &c,
Glenelg.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 373, per ship Waterloo.)
Sir, Downing Street, 27th September, 1837. 27 Sept.
I have the honor to transmit to you the copy of a letter Proposed
from the Agent General for Emigration requesting that you may ghfpwlth °f
he apprized of the intention to send a Vessel with Emigrants to immigrants.
Xew South Wales from the East Coast of England about the
1st of November next, and stating the description of Emigrants
whom it is proposed to selected for embarkation.
I remain, &c,
Glenelg.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 24 Septr., 1837.
In reference to the intention to send a vessel with Emigrants
to N. S. Wales from the East Coast of England. I have the honor
to request that the Colonial Govt, may be apprised that such a
ship will sail either from Yarmouth or Harwich about the 1st Novr.,
and that it is proposed to fill her with as many eligible families of Type of
Agricultural Labourers as may be obtained from the Counties of immigrants to
Norfolk and Suffolk, Cambridge and Essex ; and that, in case of be se]ected-
their numbers falling short of the complement required, the
deficiency will probably be supplied with a few Mechanics from
London. It may also be added that Mr. John Dobie of the Royal
Navy, who was recommended by Sir R. Bourke for employment in
the Emigration Service, has been appointed to this Ship.
I have, &c,
T. Feed. Elliot.
* Note 38.
100
HISTORICAL RECORDS OF AUSTRALIA.
1837.
28 Sept.
Despatch
acknowledged.
Approval of
salary for
G. Barney.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 374, per ship Waterloo.)
Sir, Downing Street, 28 September, 1837.
I have had the honor to receive your Dispatch No. 12 of
12th February last relative to the emoluments of Captain Barney,
Commanding' Royal Engineer, for superintending certain Colo-
nial Works in the Colony under your Government.
Having referred the subject to the consideration of the Lords
Commissioners of Her Majesty's Treasury, their Lordships are
of opinion that, under the circumstances now explained by you,
and adverting to the very important nature of the works which
Captain Barney is called upon to superintend for the Civil
Government of New South Wales, there does not exist any objec-
tion to the issue to that Officer of the Salary, provided for by the
Legislative Council in the annual Estimates of the Colonial
Expenditure.
I have, therefore, to convey to you my authority for issuing to
Captain Barney a Salary at the rate of £500 per Annum.
I have, &c,
Glenelg.
29 Sept.
Instructions
re medical
establishments.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 375, per ship Waterloo.)
Sir, Downing Street, 29th September, 1837.
I have the honor to transmit, for your information and
guidance, the copy of a correspondence between the Director
General of the Army Medical Department and this Office on the
subject of the Medical Establishments in Australia.
I see no reason why the management of those establishments in
the Australian Colonies should not be conducted under arrange-
ments similar to those observed in the other Colonial Possessions
of the Crown. I have therefore to direct that you will carry
Sir James McGrigor's views on this subject into effect, unless
there should appear to you any conclusjve reason for not adopt-
ing them. I have, &c,
Glenelg.
[Enclosure No. 1.1
Sir James McGregor to Under Secretary Stephen.
Sir, Army Medical Department, 17th August, 1837.
In again addressing you for the favorable consideration of
Lord Glenelg on the subject of Medical Establishments in Aus-
tralia, I regret that I should so soon again have to trouble you with
this communication, but the recent receipt of Letters from both
Van Diemen's Land and New South Wales makes it my duty to
bring their contents under the view of the Secretary of State for
the Colonies.
GLENELG TO BOURKH. 101
it appears to me, from the correspondence alluded to, that in- 1837.
convenience has been fell and irregularities have taken place in 29 Sept.
consequence of the mode of communication which has been adopted, Svst(.ni
as well in regard to the Principal Medical Officer with the Lieu- proposed for
tenant Governor as with the Colonial Medical Officers and the communica-
principal Medical Officer. Generally speaking the Principal Medical principal*1
Officer has been directed to send all his communications through medical officer.
the Military or Colonial Secretary; but I am of opinion it would
tend much to the furtherance and dispatch of Public business, that
this mode of doing the duty be confined to the more ordinary and
routine detail of business, while on all other services and important
arrangements, which must be still for some time going on, the head
of the Medical Department, as is the case on all other Foreign
Stations, and as is accorded to the heads of all other Departments,
should be indulged with a direct and personal intercourse with
the Lieutenant Governor. In regard to the intercourse with the
■Colonial Medical Staff, 1 am likewise of opinion that all communi-
cations should be made to the Lieutenant Governor through the
Deputy Inspectors General, who are appointed the Principal Medical
Officers of the Colonies; and not only all communications but all
appointments and exchanges should be made through the same
channels; irregularities. 1 fear, have already taken place in regard
.to this branch, if not in regard to Stores and Hospital Expenditure,
for all of which the Principal Medical Officer is held responsible;
and therefore it is but natural that he should be armed with an
effective control over all Hospital arrangements. He being the most
proper person to judge of the qualifications of the Medical Men
appointed on the spot, and their fitness for the respective Duties
to which they are to be appointed. The advantage of direct per-
sonal communication with the Lieutenant Governor in such cases
must be highly advantageous to the Public Service, as personal
-explanations can be asked for and obtained, misconceptions may be
removed, and tedious correspondence be thereby avoided. In the
same way the irregularities and inconvenience of direct personal
applications by Individual Medical Officers to the Lieutenant Gov-
ernor might be in a great measure obviated, while the principal
Medical officer would be in full possession of the state of the
Department and be able to meet and check at once the effect of
exparte and interested statements from whatever quarter arising,
while it would be his duty to forward all the representations and
remonstrances which might be submitted to him, with his immediate
•explanation. I consider such an arrangement (which is in accord-
ance with the formalities observed in India, the West Indies and
all our other Colonies) as the above, should it meet with the
approval of Lord Glenelg, is perfectly applicable to both the Aus-
tralian Colonies.
In adverting to the allowance hitherto granted for travelling Travelling
expeiices to the Principal Medical Officers at New South Wales, I allowances,
have received a communication from Mr. Thompson by which he
■clearly makes out and to my satisfaction that the sum of five shil-
lings a day while on such duty is inadequate to meet his daily
FPenceB. l have &c>
J. McGregor, Director General.
102
HISTORICAL RECORDS OF AUSTRALIA.
1837.
29 Sept.
Approval of
proposed
svstem.
[Enclosure No. 2.]
Under Secretary Stephen to Sir James McGregor.
Sir, Downing Street. Gth Septr., 1837.
I have received and laid before Lord Glenelg your Letter of
the 17th Ultimo on the subject of the Medical Establishments in
Australia, and I am directed to acquaint you in reply that his Lord-
ship is not aware that any reasons exist to prevent the manage-
ment of those Establishments in the Australian Colonies being con-
ducted under arrangements similar to those observed in the other
Colonial Possessions of the Crown.
His Lordship cannot doubt that, whenever the Principal Medical
Officer of the Colony may have occasion to make any communica-
tion to the Governor respecting his Department, which he may
consider important, a direct and personal intercourse with the Gov-
ernor would not be refused. It must at the same time be observed
that, if any such personal communication should afterwards require
to be acted on, it would be necessary to submit it in a more official
form.
Lord Glenelg concurs in your opinion that the intercourse of the
Colonial Medical Staff with the Governor should take place through
the Principal Medical Officer, and that all appointments and ex-
changes connected with his Department should be made through
the same channel.
His Lordship, therefore, proposes to transmit a Copy of your
Letter to the Governors of New South Wales and Van Diemen's
Land, with directions to carry your views into effect, unless there
should appear any conclusive reason for not adopting them.
I am further to state that, if you will transmit to this Depart-
ment any communication which you may have received from Dr.
Thompson in regard to the inadequacy of his travelling expences.
Lord Glenelg will refer the subject to the consideration of the
Lords Commissioners of the Treasury. I have, &c,
Jas. Stephen.
Memorial
received from
J. Batman.
Decision
on claim
approved.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 370. per ship Waterloo.)
Sir, Downing Street, 29th September, 1837.
I have the honor to acknowledge the receipt of your des-
patch No. 22 of the 28th of April, transmitting a Memorial
from Mr. Batman praying for a Grant of Land adjoining the
Township of Melbourne at Port Phillip.
My despatch No. 341 of the 10th of July last will have re-
moved the doubts which you entertained in this case.
I entirely approve your decision on Mr. Batman's claim, and
of your having permitted him to occupy the House and garden
until further notice.
I have to request that you will inform Mr. Batman that I
regret my inability to comply with the prayer of his Memorial.
I have, &c,
Glenelg.
GLENELG TO BOURKE. 103
Loud Glenelg to Sir Richard Bourke. 1837.
29 Sf>t
(Despatch No. .".IT. per ship Waterloo; acknowledged by
sir George Gipps, 24th August, 1838.)
Sir, Downing Street, 29 Septr., 1837.
I have the honor to transmit to you the copy of a corre-
spondence between this Department and the Board of Treasury
respecting the gratuitous admission into the Hospitals at Van
Piemen's Land of persons in distressed circumstances.
I entirely concur in the principle which it is proposed to adopt instructions ,c
i . -x-r <-. i ttt i i tt -r\- » t i admission of
on this subject in New South Wales and Van Diemen s Land; pauper patients
and I have therefore to desire that no person, who is not at the to hospital.
time a convict suffering under the sentence of the law, shall be
admitted as a pauper or destitute person into any Hospital main-
tained at the expense of this Country for the reception of Con-
victs, unless provision be made for such purpose from the Colo-
nial Funds. I have, &c,
Glenelg.
[Enclosure No. 1.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers, 4th August, 1837.
I am directed by the Lords Commissioners of Her Majesty's Correspondence
Treasury to transmit herewith copies of a Report of the Commis- re jSijjJSnt?
sioners of Audit dated the 10th ulto. and of its enclosures, respect- ^"hospitals,
ing the gratuitous admission into the Hospitals at Van Diemen's
Land of Persons in distressed circumstances; and I am to request
that you will submit them to Lord Glenelg for his consideration,
and that you will move his Lordship to favor My Lords with his
opinion upon the subject to which they relate, at the same time
observing that it appears to my Lords to be only reasonable that the
Colonial Fund should be charged with the relief of Persons under
the circumstances described, who have worked out their legal servi-
tude, and become a part of the free population.
I am, &c,
A. Y. Spearman.
[Sub-enclosure No. 1.]
Commissioners of Audit to Lords Commissioners of Treasury.
My Lords, Audit Office, 18th July, 1837.
We beg leave to represent to your Lordships that, in the course of the
examination of the Van Diemen's Land's accounts of Depy. Commy. General Moodie,
our attention was drawn to certain observations made thereon by the Depy. Asst.
Commissary of Accounts relative to the gratuitous admission into the Hospitals of
persons in distressed circumstances.
Presuming that these persons formed part of the free population of the Colony,
we forwarded a Query to Mr. Moodie, stating our opinion that the charges of their
Medical treatment ought not to fall upon the Military Chest, but that, when proper
to be allowed at all, it should be made a claim upon the Colonial Fund.
In consequence of this observation, Mr. Moodie referred the question to the Com-
missary of accounts, requesting him to prepare an account of the sums which, accord-
ing to our view of the case, should be borne by the Colony, in order that he might
make a claim for the amount to be repaid into the Military Chest.
Mr. Darling the Commissary of Accounts having on the arrival of the Deputy In-
spector of Hospitals submitted the matter to that Officer, a decision was obtained
from the local Government, according to which the Medical treatment of free persons
only, arriving as such in the Colony, was to be paid for by the Colonial Government,
and the treatment of pauper patients from that class of persons who, although
104 HISTORICAL RECORDS OF AUSTRALIA.
1837. denominated free, had once been Convicts, or were ticket of leave men, i.e., persons
29 Sept. who had obtained the liberty of working for themselves or carried on business on
their own account, was to be defrayed from the Military Chest.
Correspondence In communicating this decision, the Commissary of Accounts expressed his opinion
re admission of that this arrangement would relieve the Military Chest but little of the expence,
pauper patients which properly should be defrayed by the Colonial Government.
to hospitals. And as the decision involves a question of principle which, so far as we are
aware, has not hitherto been brought under the consideration of Her Majesty's Gov-
ernment ; and as reasonable doubts may, we apprehend, be entertained whether your
Lordships would consider it proper that a party, who may for a long course of
years have been a free laborer and of whose labor the Colony has .had the benefit,
should in consequence of his having once been a convict, when disabled, become a
charge on the Extraordinaries of the Army or on the Convict Funds ; we have
thought it right to submit the case to your Lordships in order- that, if you should
judge fit, the same may be referred to Her Majesty's Secretary of State for the
Colonies for his opinion ; and with this view we beg leave to enclose copies of the
correspondence transmitted to us by the Commissary of Accounts, vizt., Letter
from Dr. Arthur, Deputy Inspector of Hospitals, to the Commissary of Accounts,
dated the 13th of December, 1836, with a letter addressed to Dr. Arthur by the
Colonial Secretary, dated the 26th August, 1836, accompanied by a Government
Notice dated the 26th July, 1834.
^ In case your Lordships should see fit to forward any directions on this subject, to
Van Diemen's Land, we submit whether a similar communication ought not to be
made to New South Wales where the like practice may perhaps prevail.
We have, &c,
F. S. Larpent.
H. F. LUTTRELL.
[Sub-enclosure No. 2.] Henry arbuthnot.
Dr. Arthur to Dep. Assist. Com.-Genl. of Accounts.
Sir, Principal Medical Officer's Office/ 13th Deer., 1836.
In order to afford you the information required in your letter of the 12th Inst.,
I have the honor to enclose herewith the copy of a letter from the Colonial Secretary
with an enclosure on the subject ; in conformity with which it has been arranged that
two shillings per diem should be paid for all persons, free to the Colony, accom-
modated in Colonial Hospitals, on accounts to be rendered quarterly by me, com-
mencing the 5th of July the date of my arrival in the Colony ; and an account is
now making out for the Quarter ending the 5th of October, some delay having
occurred in obtaining the necessary information from the different Hospitals.
I have, &c,
Jno. Arthur, M.D.
Depy. Inspr. Genl. of Hospitals' Principal Medical Officer.
[Sub-enclosure No. 3.]
Colonial Secretary Montagu to Dr. Arthur.
Sir, Colonial Secretary's Office, 26th August, 1836.
I have the honor to acknowledge your letter of the 16th Instant relative
to the admission of pauper patients into the Hospitals, and the source from whence
the expence attending this measure should be defrayed, and to inform you that this
question was some time since brought under the notice of the Government by the
Commissary of Accounts, when it was decided that the cost incurred in this manner
on account of persons, who, having been convicts, had become free, should be
defrayed from the Military Chest, whilst the expence of Emigrant Paupers sent out
by the Home Government should be defrayed by the Land Revenue ; with regard to
the former, this course will be continued ; but, as the Land Revenue has now become
a Portion of the Colonial Funds, the cost for all free paupers who never have been
convicts will be defrayed by the Colony, and an adjustment of this matter will take
place at such times as you may think proper to send in your accounts, when War-
rants will be prepared for repaying to the Military Chest such amounts, as may in
this manner have become due by the Colony.
With regard to your observation that the fact of destitution ought to be attested
by a Magistrate or Clergyman, I have the honor to forward for your information
copy of a Government order upon this subject published as long ago as the 26th
of July, 1834, and which has been invariably acted up to. I have, &c,
Jno. Montagu.
[Sub-enclosure No. 4.]
Government Notice.
Colonial Secretary's Office, 26th July, 1834.
The expence of the Colonial Hospitals being defrayed by the British Government, it
is hereby notified that in no case, for the future, can free persons be gratuitously
GLENELG TO BOURKE. 105
id into am of the Colonial Hospitals, unless in oases of extreme poverty, when 1837.
it will be indispensablj necessar] to obtain, by a written application to the Colonial 29 Sept.
Secretary, the express sanction oi the Government for the admission of the applicant,
who must also transmit a Certificate from a Clergyman or a Magistrate of the Parish, Correspondence
in which lie may reside, of his being in a state of destitution and an object ot re admission of
Charity. By Command, &c, pauper patients
J. Burnett. to hospitals.
[ Enclosure No. 2.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir. Downing Street, 17th August, 1837.
1 have laid before Lord Glenelg your letter of the 4th In-
stant, transmitting copies of a Report of the Commissioners of
Audit and of its enclosures, respecting the gratuitous admission
into the Hospitals at V. I). Land of Persons in distressed circum-
stances. In reply. I am to acquaint you for the information of the
Lords Commissioners of the Treasury that Lord Glenelg concurs
in the opinion of their Lordship that no person, who is not at the
time a Convict suffering under the sentence of the Law, ought to
he admitted into the Colonial Hospitals as a Pauper or destitute
person, unless provision he made for his maintenance there by the
appropriation for that purpose of a sufficient part of the Funds of
the Colony: and that, if their Lordships will issue Instructions to
that effect to the Commissary General, Lord Glenelg will address
corresponding Instructions to the respective Governors of New South
Wales and Van Diemen's Land. I have, &c,
Jas. Stephen
[Enclosure No. 3.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 25-th August, 1837.
I am commanded by the Lords Commissioners of Her Ma-
jesty's Treasury to acquaint you, for the information of Lord
Glenelg, that my Lords have made a communication to the Com-
missariat Officers in charge of New South Wales and Van Diemen's
Land, to the effect suggested in your letter of the 17th Instant,
and my Lords request his Lordship will be pleased to give corre-
sponding Instructions to the respective Governors of those Colonies
I am, &c,
A. Y. Spearman.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 378, per ship Waterloo.)
Sir, Downing Street, 30th September, 1837. 30 Sept.
I herewith transmit to you for your information and guid- Correspondence
ance the Copy of a correspondence between Captain Robison and JJ RobTson
one of my Under Secretaries respecting the grant of Land which for land giant,
he is desirous of obtaining in New South Wales. Sir George
Grey's letter to Captain Robison will fully explain to you the
principle on which I think it right that Captain Robison's
application should be dealt with. j have &c
Glenelg.
106
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Sept.
Application by
R. Robison
for land grant.
Inability
to grant land
to wife of
R. Robison.
[Enclosure No. 1.]
Extract of a Letter from Captain Eobison to Sir George Grey.
Bart., dated Dundalk, 24th August, 1837.
" I trust you will excuse the liberty I take in addressing my pre-
sent application to my Lord Glenelg through you, as, from the kind
manner you were pleased to interest yourself in my favor the early
part of last year, I am emboldened now to make known my present
situation.
" About two years ago my wife's impaired state of health made
it necessary, by the advice of her Medical Attendants, for her to
leave England for a milder Climate, and, an eligible opportunity
offering, she rejoined her Family.* who reside in the Van Diemen's
Land and New South Wales Colonies.
" Upon the receipt of your Letter of the Gth June, 1S36, in which
you informed me that Lord Glenelg had been so good as to place
me, as regard my Grants of Land, in the same position as all the
other officers of the Veteran Companies, which I had raised and
taken to that Colony, I immediately communicated that informa-
tion to my wife then at Sydney, and I have recently had Letters
from her in reply, in the last of which she states that her brother
had made an application to the Governor on her behalf, begging
to be allowed permission to take up my Grant, and I have the honor
to annex the Governor's answer.
" Under these circumstances, and from the fact of my wife being
now present in the Colony, and myself most anxious, if it could be
at all arranged, for me to join her, I trust that Lord Glenelg will,
with the same generous and humane feelings which have upon all
occasions guided his decisions in my unfortunate case, that his
Lordship will be pleased to allow Mrs. Robinson to receive my Grant
of Land, and that Instructions to that effect may be forwarded to
the Governor."
[Sub-enclosure.]
Colonial Secretary Thomson to Mr. Stephen.
Colonial Secretary's Office,
Sir, Sydney, 22nd February, 1837.
I duly received and submitted to the Governor, your letter
of the 30th Ultimo, requesting, on behaif of Mrs. Robison. permis-
sion to occupy the Grant of Land which it is understood The Secre-
tary of State has authorized for her Husband, Captain Robison.
late of the Veteran Companies.
With reference thereto, I am directed by his Excellency to trans-
mit to you the accompanying Copy of a Letter from Sir George
Grey to Captain Robison dated Gth June. 1836, by which you will
perceive that the Grant is made to depend upon that Officer's being
prepared to return to the Colony. It is not. therefore, in the Gov-
ernor's power conformably to the Instructions of the Secretary of
State, to make Captain Robison a Grant until lie arrives.
His Excellency can only thus permit Mrs. Robison to make a
selection (if she shall desire it) and will direct the Land to be
reserved for a year or eighteen months, waiting the reply of the
Secretary of State to the application she may make for the Grant.
But his Excellency cannot authorize the occupation of the Land
as proposed by you. having, in many instances, found it necessary
to refuse similar requests. I am. &c.
E. Deas Thomson, Colonial Secretary.
Note 39.
GLENELG TO BOURKE. 107
I Enclosure No. 2.] 1837.
Sm George Grei to Captain Robison.
Sir, Downing Street, 8 Septr., 1S37.
I am directed by Lord Glenelg to acquaint you. in reply to conditions for
your letter of 24th Ulto., that it was his Lordship's intention to !i"'j! -r.ant ta
accord to you the same advantage with respect to the Grant of ' ° 1&Q1
Land to which yon refer as was enjoyed by the other officers of the
Veteran Companies, altho' he would not consider himself at liberty
to extend to yon any greater privilege in its acquisition than was
conceded to them.
It appears by the Regulations then in force that it was stipulated
on the part of Military Settlers that they or their families should
reside on the Land for seven years.
Sir R. Bourke seems not to have acceded to Mrs. Robison's
application mainly in consequence of an observation contained in a
letter addressed to yourself from this Dept. on the cth June, 183G,
that, if you were prepared to return to the Colony, a Grant of Land
would he made to u<>u.
That observation was not intended to narrow the claim, which you
have advanced ;is an officer of the Veteran Companies in common
with the other officers of that Corps.
Lord Glenelg will therefore instruct Sir R. Bourke to consider
the application made to him by Mrs. Robison without reference to
the terms of the letter above alluded to. I have, &c.
Geo. Grey.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 370. per ship Upton Castle.)
Sir, Downing- Street, 30th September, 1837.
I have the honor to acknowledge the receipt of your dis- Despatch
patch No. 140 of the 30th of Deer, enclosing an extract from the acknowledged,
proceedings of the Executive Council of your Government, shew-
ing the circumstances under which a cargo of wheat had been
admitted to entry at Sydney from a Chilian Vessel not navigated
strictly according to law.
I transmit for your information and guidance the copy of a Approval of
letter which has been addressed to this Department by desire TlrlToi^ °f
of the Lords of the Treasury with a Report from the Commis- Chilian vessel.
sioners of Customs, by which you will perceive that the admis-
sion of the Cargo of the Chilian Vessel into the Colony is
approved. I have, &c,
Glexelg.
[ Enclosure. 1
Mr. A. Y. Spearman to Uxder Secretary Stephex.
Sir. Treasury Chambers, 9th September, 1837.
T am commanded by the Lords Commissioners of Her Ma-
jesty's Treasury to transmit herewith Copy of a Report of the
Commissioners of Customs, dated 22nd Ultimo, on vour Letter of
108
HISTOKICAL RECORDS OF AUSTRALIA.
LS37.
30 Sep^.
Approval of
admission of
■cargo of
Chilian vessel.
Report by
commissioners
of customs.
the 27th July last, with enclosures, respecting the admission of a
Cargo of Wheat into the Port of Sydney, New South Wales, from a
Chilian Vessel not navigated according to Law, and I am to request
you will submit the same to Lord Glenelg, and state to His Lord-
ship that My Lords concur in the approval of the admission of the
Cargo of the " Esperanza," which has been signified by the Commrs.
of Customs to their Officers at Sydney. I am, &c,
A. Y. Spearman.
[Sub-enclosure.]
Keport by Commissioners of Customs.
May it please your Lordships,
Your Lordships having referred to us the annexed letter of
Mr. James Stephen, transmitting by desire of Lord Glenelg the
copy of a Despatch from the Governor of New South Wales, .to-
gether with an extract from the proceedings of the Executive
Council shewing the circumstances under which a Cargo of Wheat
had been admitted to Entry at Sydney from a Chilan Vessel not
navigated strictly according to Law.
We report,
That, upon the circumstances attending the admission to
entry of the Cargo of the " Esperanza," the Vessel, referred to in
the Despatch of the Governor of New South Wales, being repre-
sented to us by the Collector and Controller of this Revenue at
Sydney, we acquainted those Officers that they acted correctly in
giving effect to the directions issued by His Excellency the Gov-
ernor, in consequence of the scarcity of Grain in the Colony, for
the admission to entry of the Wheat imported in the " Esperanza,"
notwithstanding the Vessel was not navigated in strict conformity
with the provisions of the 15th Section of the Act 3 and 4 W. 4,
Cap. 54.
We further apprised the Collector and Controller that, Chili
being a state within the limits of the East India Company's
Charter, Vessels belonging to that state were entitled to import
the produce thereof into Her Majesty's Settlements of New Holland,
under the provisions of His Majesty's Order in Council of the
16th July, 1S2T.
That, under these circumstances, we would submit whether your
Lordships will consider any further directions necessary in this
case.
R. B. Dean. Culling Chas. Smith.
H'ge Legge. H. Freeling.
Custom House, 22nd August, 1837.
— Sept.
Aide-de-camp
■for
Sir G. Gipps.
Lord Glenelg to Sir George Gipps.
(Received* in London.)
Sir, Downing Street, — September, 1837.
I have the honor to acquaint you that, in consequence of
your not being- entitled, as your Predecessor is, to the services of
a Military Aid-de-Camp as Governor of New South Wales,
Her Majesty's Government have considered it proper that you
Note 32.
CLENELG TO GIPPS. 10!>
should be allowed a Colonial Aid-de-Camp with the same pay and 1837.
allowance as a Military Officer serving in that capacity, viz., ' ( p '
9s. 6d. per diem and 2s. 6d. a day for forage allowance. Aide-de-camp
A similar arrangement is observed in Van Dienien's Land. Sir G. Gipps.
I have there tore to authorise you to propose to the Legislative
Council of New South Wales that necessary provision should be
made out of the Colonial Funds for the services of an Aid-de-
Camp on your Establishment. T have, &c,
Cl.KXELG.
charge for
removal of
military
convicts.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Emma Eugenia.)
Sir, Colonial Office, 30th September, 1837. 30 Sept
With reference to the Rules and Regulations which I had Regulation
the honor to transmit to you in April last, and adverting to the
correspondence, herewith enclosed, which has passed between this
Department and the Lords Commissioners of Her Majesty's
Treasury on the subject of the expense of transporting Military
Offenders from the Colony under your Government to this Coun-
try or to Penal Settlements, I have now to convey to you my
authority for adding to Chapter 13, Sec. 2, par. 8 of the Book*
of Rules and Regulations above referred to, the following
clause, viz. :
That Her Majesty's Government will provide for the charge of
removal to this Country or to the Penal Settlements of such
Military Convicts as may be sentenced to Transportation by
Military Courts Martial, provided the parties thus sentenced have
belonged to the General Establishment of the Army, and not to
local Corps raised for the Service of any particular Colony.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street. 10th April, 1837.
With reference to your Letter dated the 31st of January Proposal for
last, signifying that the Lords Commissioners of the Admiralty regulation.
had withdrawn certain claims for the payment of the expences in-
curred in the conveyance of Military Convicts from Quebec and
Jamaica to this Country ; and, as Lord Glenelg concludes that these
particular claims have been relinquished on general grounds, and
questions of the like nature have arisen elsewhere in the Colonies,
his Lordship is desirous to be authorized by the Lords Commis-
sioners to announce to all the Colonial Governments that the ex-
pence of transporting Military Convicts will in future be defrayed
from the Funds of this Country. I have, &c,
Jas. Stephen.
* Note 40.
110
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Sept.
Request for
decision.
Approval of
regulation.
[Enclosure No. 2.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street, 31st July, 1837.
I am directed by Lord Glenelg to request that you will bring
under the consideration of the Lords Commissioners of the Trea-
sury the Letter, which I addressed to you on the 10th of last April,
enquiring whether, " as the Lords Commissioners of the Admiralty
had withdrawn certain claims for the payment of the expenses in-
curred in the conveyance of Military Convicts from Quebec and
Jamaica to this Country, which Lord Glenelg presumed to have
been relinquished on general grounds, the Lords Commissioners of
the Treasury would authorize him to announce to all the Colonial
Governments that the expence of transporting Military Convicts
would in future be defrayed from the Funds of this Country";
and request that their Lordships would signify to Lord Glenelg
their early decision on the subject, and enable him to dispose of a
question which has lately arisen, regarding the charge of the pas-
sage of two Military Convicts from Antigua. I have, &c,
Jas. Stephen.
[Enclosure No. 3.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 21st September, 1837.
With reference to your Letters of 10th April and 31st July
last, suggesting that the Colonial Governments should be apprized
that the expenses of transporting Military Convicts would in future
be defrayed from the funds of this country, I am directed by the
Lords Commissioners of Her Majesty's Treasury to acquaint you,
for the information of Lord Glenelg, that my Lords see no objection
to a communication being made by His Lordship to the Colonial
Governments to the effect that they will not be required to provide
from Colonial funds for the charge of the removal to this country
or to the Penal Settlements of such Military Convicts, as may be
sentenced to transportation by Military Courts Martial; provided
the Parties thus sentenced have belonged to the General Establish-
ment of the Army, and not to local Corps raised for the service of
any particular Colony. I am, &c,
A. Y. Spearman.
2 Oct.
Passage money
for chaplains.
Revd. J. Brady
detailed for
duty at
Norfolk island.
Lord Glenelg to Sir Eichard Bourke.
(Despatch No. 380, per ship Upton Castle.)
Sir, Downing Street, 2nd October, 1837.
I have the honor to acquaint you that the Roman Catholic
Clergymen, the Revd. John Brady and the Revd. James Goold,
having been selected by the Revd. W. Ullathorne to proceed to
New South Wales, an allowance has been made to each of them
for their outfit and passage.
As Mr. Brady is intended to officiate at Norfolk Island, his
Salary of £150 per annum will be paid out of the Convict Funds.
His allowance of £100, which has been advanced by the Agent
General, must also be repaid from the same fund.
I have, &c,
Glenelg.
GLENELG TO BOURKE. Ill
Lord Glenelg to Sir Richard Bourke. J887-
(Despatch No. 381, per ship Upton Castle.)
Sir, Downing Street, 3d October, 1837.
I have the honor to acquaint you. with reference to your Approval of
dispatch No. 117 of the 3d Nov. last, that Her Majesty's Gov- SS^vem-1'
eminent have sanctioned the Estimates submitted by a Com- ment house.
mittee -of the Legislative Council of your Government for the
erection of a New Government House at Sydney.
1 enclose the copy of a correspondence between the Board of
Treasury and this Department on the subject. Your particular
attention should be directed to the observation of the Lords Com-
missioners that, as the Committee seem to have paid great atten-
tion to the details of the arrangements relating to this work,
their Lordships presume that the sufficiency of the amended
estimate may be relied on, and they are willing to confide in this
respect in the vigilance of the Council.
You will not be at liberty to sanction any further alteration Alteration
in the Plans of the Building than those already recommended prohibited,
by the Committee of the Legislative Council of your Government.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir. Downing Street, 27 July, 1837.
Referring to former correspondence relative to the erection submission
of a new Government House in New South Wales, I am directed of plans and
by Lord Glenelg to transmit to you for the consideration of the estimate for
11 CW fiTOVGl'll*
Lords Commrs. of H.M. Treasury the enclosed Copy of a Despatch* ment house,
from the Governor of N. S. Wales, with a Report of a Committee
of the Legislative Council and Minutes of the evidence taken before
that Committee on the plan sent out from this Country by the
Colonial Agents for the proposed Building.
The Lords Commissioners will probably receive with some hesita-
tion a proposal that such a sum as £25.000 should be laid out in
the erection of a Residence for the Governor of the Colony, especi-
ally as it is not proposed that the Building should be undertaken
on the credit of any Contractor, who has pledged himself for the
completion of it even at that price, but in reliance on estimates
which may of course prove fallacious.
Except the magnitude of the proposed expenditure, there is not
as Lord Glenelg apprehends any just ground for objection to the
present plan of the undertaking.
That plan in every essential respect appears to correspond with
that which was sent out to the Governor.
The necessity for a new Government House is indisputable ; the
resources of the Colony are abundant ; the possibility of accom-
plishing the work with any material reduction of the estimated
outlay seems very doubtful ; and, considering the growing import-
ance of the Colony, the great embellishment which the Capital
* Marginal note. — No. 117, 3 Novr., 1836.
112
HISTORICAL RECORDS OF AUSTRALIA.
1837.
3 Oct.
Approval of
plans and
estimates for
new govern-
ment house.
would derive from such an edifice and the necessity of maintaining
in so remote a dependency of the Empire some of the visible state
and splendor which should belong to Her Majesty's Representative,
Lord Glenelg is on the whole of opinion that there are sufficient
grounds to justify H.M. Govt, in giving their sanction to the pro-
posed expenditure. I have, &c,
Jas. Stephen.
[Enclosure No. 2.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers, 31st August, 1837.
The Lords Commissioners of Her Majesty's Treasury having
had under their consideration the copy of a Dispatch from the Gov-
ernor of New South Wales concerning the Report of a Committee
of the Legislative Council, with Minutes of the Evidence taken
before it, on the plan sent from this Country by the Colonial Agent
for the erection of a new Government House at Sydney, which were
transmitted to their Lordships in your Letter of the 27th Ultimo,
signifying the recommendation of Lord Glenelg that the proposal
of the Committee should be acquiesced in, for the reasons set forth
in your said Letter, notwithstanding the very great expence which
would be thereby incurred ; I have received the commands of the
Lords Commissioners of Her Majesty's Treasury to request you will
state to Lord Glenelg that, as the alterations in the Plan for the
Government House at Sydney do not appear to be open to any objec-
tion, and as the increase in the amount of the Estimate for the
Building would appear to be principally occasioned by the dif-
ferences between the prices and rates of workmanship, at which
the calculations of the expence had been made in this Country, and
those at which the work can be executed in the Colony, their Lord-
ships, adverting to the circumstances to which reference is made in
your Letter, do not deem it necessary to withhold their sanction to
the adoption of the recommendation of the Committee of the Colo-
nial Council.
As the Committee seem to have paid great attention to the details
of the arrangements rein ting to this work, their Lordships presume
that the sufficiency of the amended estimate may be relied upon :
and they are willing to confide in this respect in the vigilance of the
Council; but they conceive it will be advisable that the Governor
should be informed that he is not at liberty to sanction any further
alteration in the plans for the Building than those already recom-
mended by the Committee of the Legislative Council of the Colony.
I have, &c,
A. Y. Spearman.
4 Oct.
Sailing of ship
Hrilliant with
emigrants.
Lord Glexelg to Sir Richard Bourke.
(Despatch No. 382. per ship Upton Castle.)
Sir, Downing Street, 4th October, 1837.
I have the honor to acquaint you that the Ship " Bril-
liant " has lately sailed for New South Wales with a Party of
Highlanders from the Hebrides. The vessel was originally
destined for Yan Diemen's Land; but, in consequence of the very
unfavorable advices received from Sir John Franklin of the
GLENELG TO GIPPS. 113
1837.
4 Oct.
existing prospects for Emigrants in that Colony, her destination
has been changed. As two other vessels have so recently pro-
ceeded to New South Wales with Emigrants of the same descrip- s^wSoffoShip
t ion. it had been determined not to dispatch the "Brilliant" to to Sydney.
that Colony; but Sir John Franklin's representations were such
as to render it absolutely necessary to give up the original inten-
tion of sending her to Van Dieinen's Land, while at the same
time the undertaking was too far advanced to be entirely
abandoned.
Under these circumstances, she has sailed for Sydney. The
Colonist- will, 1 have no doubt, be glad to receive the Emigrants
who have been selected on this occasion; but 1 have thought it
right to explain the reason of their being dispatched in such
apparently rapid succession. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Received* in London; acknowledged by Sir George Gipps.
11th December, 1839.)
Sir, Downing Street, 5th October, 1837. 5 Oct.
I have the honor to transmit to you the copy of a letter instructions
which has been addressed to this Department by desire of Lord musters and
John Russell respecting the Clusters of Convicts. returns of
His Lordship represents that the want of satisfactory infor-
mation to answer the numerous enquiries made at his office rela-
tive to Convicts, who have been transported to New South Wales,
has been attended with considerable inconvenience.
I have therefore to desire that you will cause a General Muster
of Convicts in the Colony to be taken once in three years, and a
return of the casualties among the Prisoners by death or other-
wise to be transmitted to this country once at least in each year.
I have, &c.,
Glenelg.
[Enclosure.]
Mr. S. M. Phillipps to Lender Secretary Stephen.
Sir. Whitehall. 14 August, 1837.
I am directed by Lord John Russell to desire that you will Necessity for
bring under Ld. Glenelg's consideration the question of the General general
Musters of Convicts in the Australian Settlements. retum^oT^
Some few years since a correspondence took place between this Convicts°
Dept. and the Secy, of State for the Colonies on this subject, and
the result was an understanding that Instructions shd. be given
to the Governor of N. S. Wales and the Lt. Governor of V. D. Land
to cause Musters to be taken once in Three Years, and that, annu-
ally between those periods, a return of the casualties among the
Prisoners by Death or otherwise shd. be transmitted to this country.
The last General Muster taken in X. S. Wales was in Deer., 1828;
two supplementary Musters have also been reed, containing Lists
Ser. 1. Vol. XIX— H * Note 32.
114
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
5 Oct.
Want of
information
re convicts.
of such Prisoners as have arrived in that Colony between the last
named period and 31 Deer.. 1S34 ; but no further account or List of
Casualties has been since transmitted to this Office. The Lt. Gov-
ernor of V. D. Land has regularly transmitted Quarterly Returns
of the Casualties in that Island since the last Muster in December.
1835.
The want of Satisfactory information to answer the numerous
enquiries made at this Department relative to Convicts, who have
been transported to N. S. Wales, has been attended with consider-
able inconvenience. Lord John Russell therefore trusts that Lord
Glenelg will give such instructions to the Governor, who has re-
cently been appointed to that Colony, as his Lordship may deem
expedient for carrying into effect the arrangement before mentioned.
I have, &c,
S. M. Phillipps.
9 Oct.
Request for
fittings for
separate cells
in female
factory.
Sir George Gipps to Lord Glenelg.
(Despatch* marked "Separate."')
My Lord, London, 9th Octt., 1837.
With reference to the application which I had the honor
to make to your Lordship, on the 19th ulto., on the subject of the
Female Factory at Parramatta, and in which I represented how
desirable it appeared to me that, before I quitted England, I
should be authorized to incur the expence, which may be abso-
lutely necessary in order to adapt the buildings of the Factory
to the system of management, which the new Matron (Mrs.
Leach) has been instructed to follow, I beg leave now further to
submit to your Lordship that, in the event of my proposal being
acceded to, a supply should in my opinion be sent from this
country of articles required to fit up solitary cells, in the mode
recommended by the Inspectors of Prisons for the Home District,
and which is now being put in execution in the Millbank Peni-
tentiary, under the sanction of Lord John Russell, the articles
in question being required for the purposes of ventilation, and for
the preservation of cleanliness. I beg to state to your Lordship
that I have personally inspected what is going on in the Millbank
Penitentiary, and have also conferred upon the subject with
Messrs. Crawford and Russell, the Inspectors of prisons for the
Home District, both of whom concur with me in thinking that
a supply of the articles in question, and particularly the apparatus
for waterclosets, should be sent out sufficient for about fifty cells.
They are, I understand, supplied to the Millbank penitentiary
under a contract by Mr. Good, of 23 White St., Moorfields, and
I am authorized by Mr. Crawfurd and Mr. Russell to say that they
will both or either of them readily supply any further information
that may be required, respecting the cost, quantity, or quality,
of what is required. I have, &c,
Geo. Gipps.
* Note 31.
BOURKE TO GLENELG. 115
Sir Richard Bourke to Lord Glenelg. 1837.
(Despatcb No. (.»7. per ship Enterprize. )
My Lord, Government House, 10th October, 1837.
I have had the honor to receive your Lordship's despatch
appointing Mr. Patrick Grant to be Police Magistrate at Mait- Appointment
laml in this Colony. The Despatch was delivered by Mr. Grant ^ police''11
himself, who is to proceed immediately from hence to Maitland magistrate.
to enter on his official duties. Some little delay occurred in
perfecting the arrangement owing to my having nominated in
the last year a gentleman to fill the appointment, whom upon
Mr. Grant's arrival it became necessary to displace.
The Gentleman I had nominated, Mr. Edwd. Denny Day, is Nomination of
a retired officer from the 62nd Regiment, having sold out to sirR.^omke.
settle and having married in the Colony. His conduct as a
Magistrate and his private character are so highly respected at
.Maitland as to have procured an application to me signed by the
Justices and other persons of property and station in the neigh-
bourhood, requesting that if possible I would permit Mr. Day to
remain among them. This being out of my power, 1 have named Appointment of
him Police Magistrate at Mussel Brook, being one of three new MuslvSlbrook.
appointments on the list of Police Magistrates authorised by the
Council at its last session.
The number of Police Magistrates provided for by the Council Police
for this year amounts to fifteen*; For the next, to eighteen. In provided for
appointing Mr. Dav to Mussel Brook from the 1st instant, I have by vot.^ of
. f • • i • • i • r-iT council.
m some degree anticipated the appropriation; but, m filling up
this appointment and two others of the same description in remote
districts of the Colony, I only comply with the repeated and
earnest desires of the Settlers.
Your Lordship will readily conceive the necessity which exists objections to
for an immediate nomination by the local Government to appointment of
-r-fc t -»r l nr> magistrates
vacancies occurring m the Police Magistracy. To leave the office from England,
in abeyance and the District without a Magistrate, until an
appointment could be made from England, would be productive
of much inconvenience and give rise to great discontent. It is,
however, generally understood that all nominations by the Gov-
ernor of the Colony require to be confirmed by the Secretary of
State. Yet it would be felt as a great hardship by Individuals
nominated to an employment of this kind, if, after establishing
themselves and their Families in remote districts, they were
suddenly dispossessed. I may add, if such supercession were to
be considered probable, it would be difficult, if not impossible, to
fill these vacancies by properly qualified Persons. These are not
at any time readily found in the Colony; upon w7hich account,
I proposed at one time to the Secretary of State that qualified
116
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
10 Oct.
Type of
magistrates
required.
Number
of police
magistrates.
Persons should be sent from England to succeed to vacancies as
they occurred, but not to dispossess actual holders. The low-
rate of Salaries and the chance of delay in receiving- an appoint-
ment have probably led to a rejection of that Scheme. Should
it be hereafter adopted, I would observe that I do not think it
necessary that Persons employed in these offices should invari-
ably be Barristers. Intelligent and active Persons, who will exert
themselves as well in apprehending and committing offenders
as in hearing summary cases, are of the description most required
in the Country Districts.
I should add that large as the number of Stipendiary Magis-
trates for the next year may appear to be, it has not satisfied the
Colonists, who in many districts still claim appointments, and
that, in addition to eighteen for Country Districts, there are
three Stipendiary Justices on the Sydney Bench, and two at
Port Phillip, the latter being borne on a separate abstract.
I have, &c,
Richd. Bourkk.
11 Oct.
Appointment of
R. Stewart
as police
magistrate ;
of W. M.
Manning as
chairman of
quarter
sessions ;
and of
G. K. Holder.
as crown
prosecutor.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 98, per ship Enterprize. )
My Lord, Government House, 11 October, 1837.
I have the honor to inform Your Lordship that I have
found it necessary to make the following appointments, which
will I hope obtain Your Lordship's sanction.
Mr. Gisborne having resigned the office of third Police Magis-
trate in Sydney, I have appointed in his place Mr. Robert
Stewart, who formerly held the same office. Mr. Stewart left it
about two years ago to hold the office of Chairman of the
Quarter Sessions which he has now resigned.
The chairman of the Quarter Sessions is elected annually by
the Magistrates under the provisions of a local law passed during-
the Government of my Predecessor. By a subsequent act
vacancies during the year are to be filled by the Governor. I
have accordingly named Mr. William Montagu Manning, a Bar-
rister of five years standing and lately arrived in the Colony, to
hold the office until the next election.
I have appointed Mr. George Kenyon Holden, whom I have
had the honor to bring under Your Lordship's notice as a Person
of Character and talent, to be Crown Prosecutor at the Quarter
Sessions. The necessity for creating the office is fully shewn in
the Finance Minute of this year, and the Council have attached
to it a Salary of £600 from the 1st of July last. The appoint-
ment was not made until the 1st inst.
BOURKE TO GLENELG. 117
I have appointed Mr. Gisborne to be my Private Secretary in 1837.
the place of Mr. Holden. '
I have, in my Despatch of the 10th inst. No. 97, adverted to ^}^ents
three additional Police Magistracies for which the Council have secretary
appropriated funds, the necessity for these appointments being magPstrates.
fully explained in the Finance Minute to which I have referred.
To one of these, I have already informed Your Lordship I have
appointed Mr. Edwd. Denny Day. To another at Yass, I have
appointed Mr. John Richard Hardy, a Gentleman of Education
-and Experience in the Colony having come out some years ago
with recommendations to me from Mr. John Smith.
To the third of these Country Magistracies, I propose with
Your Lordship"- permission to appoint Captn. Plunkett of the
80th Regt., who is about to retire from the Service and settle
with a large family in the Colony. t have, &c.
Richd. Bourke.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 99, per ship Abel Gower.)
My Lord, Government House, 12 Octr., 1837. 12 Oct.
The Deputy Inspector -General of Hospitals having pre- Dismissal of
f erred a Complaint of direct disobedience of orders against Colo- ag colonial
nial Surgeon James Mitchell,* I investigated the case, and, surgeon,
finding the charges well founded, I directed Mr. Mitchell's name
to be removed from the list of Colonial Surgeons.
Mr. Mitchell is of course dissatisfied with this proceeding and
intimates by the accompanying letter that he is preparing an
appeal to Your Lordship. Upon its reaching my hands, it shall
he transmitted with my observations. j have &c
Richd. Bourke.
[Enclosure.]
Surgeon Mitchell to Lord Glenelg.
My Lord. Sydney, 6th October, 1837.
My name having been removed from the list of Colonial Sur- statement to
geons on the 26th of last September by order of Sir Richard Bourke, £e submitted
I conclude that the circumstance will be reported to Your Lordship y * e
hy one of the vessels now under dispatch.
I respectfully request, therefore, that Your Lordship will Sus-
pend Your judgment until the receipt of the Statement in vindica-
tion of my conduct, which I am now preparing, but which with the
documents in its Support I find it absolutely impossible to complete
in time.
I assure you, My Lord, I have not deserved the treatment I have
received. I have. &c,
J. Mitchell.
* Note 4 1.
118
HISTORICAL RECORDS OF AUSTRALIA.
1837.
13 Oct.
Transmission of
commission and
instructions for
Sir G. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 1, per ship Upton Castle.)
Sir, Downing" Street, 13th October, 1837.
Herewith I transmit to you Her Majesty's Commission
appointing you Captain General and Governor in Chief in and
over the Territory of New South Wales and of the Island of
Van Diemeirs Land; together with Instructions, under the Royal
Sign Manual, for your guidance in administering the affairs of
that Government. I have, &c,
Glenelg.
[Enclosures.]
[A copy of the commission will be found on page 295 et seq.T
and of the instructions in an appendix to a later volume.']
11 Oct.
Letter
acknowledged.
Approval of
expenditure
proposed on
female factory.
Lord Glenelg to Sir George Gipps.
(Despatch No. 2, per ship Upton Castle.)
Sir, Downing Street, 14 October, 1837.
I have the honor to acknowledge your letter of the 20th
Ulto. suggesting certain alterations in the Female Factory at
Paramatta, with a view of confining each prisoner, or at least a
third or the Penal Class of them, in separate cells, and requesting
that you may be authorized to incur the necessary expenditure
for carrying the proposed alterations into effect.
I have to convey to you the sanction of Her Majesty's Govern-
ment for such expenditure as you may find indispensable for
ensuring the separation, which may be required by the improved
system of discipline about to be introduced into the Factory.
I have to request that you will make an early report of the
measures which you may adopt for carrying on this service,
together with a statement of the expenditure which may be
incurred. I have, &c,
Glenelc.
Reorganisation
of police
establishment
at Port
Maequarie.
Lord Glenelg to Sir George Gipps.
(Despatch No. 3, per ship Upton Castle; acknowledged by
Sir George Gipps, 20th August. 1838.)
Sir, Downing Street, 14th October, 1837.
I have received Sir Richard Bourke's Despatch No. 115
of the 1st of November last, reporting the arrangements which
he had made for placing the Police Establishment at Port Mac-
quarrie on a more efficient footing; and, having submitted those
arrangements for the consideration of the Lord Commissioners
of the Treasury, I have the honor to transmit to you for your
information and guidance a copy of a letter, which has been
GLENELG TO GJPPS. 119
addressed to my Under Secretary by their Lordships' direction, isst.
and to request your attention to that part of it which suggests
the apportionment of the charge for the Establishment in ques-
tion between the Colonial and the Convict Funds.
1 have, &c.,
Glenelg.
I Enclosure.]
Mi;. A. Y. Spearman to .
Sir. Treasury Chambers, 7th October, 1837.
Ytyfh reference to your Letter dated :11st July last, enclosing Approval
Copy of a Dispatch from the Governor of New South Wales report- <rf police
in- the arrangements which he has made for placing the Police g^pSf™
Establishment al Pert Macquarie on a more efficient footing, I am Macquarie.
commanded by the Lords Commissioners of Her Majesty's Trea-
sury to request you will state to Lord Glenelg that my Lords are
not disposed to object to the arrangements for the increase of the
Police Establishment at Port Macquarie reported in the Dispatch
from the Governor o\' New South Wales of 1st Novr., 1836, so far .♦
as regards the number or rates of Lay of the Persons employed;
but. as he has adverted to the great influx of free Settlers to the
fertile country in the neighbourhood of that Penal Station as form-
ing one of the grounds for the increase, it appears to my Lords Apportionment
that the additional expence should not fall entirely on the Funds of expenditure,
applicable to Convict Services, but that a large proportion, if not
the whole of it. should he defrayed by the Colony.
My Lords, therefore, request that you will suggest to Lord Glenelg
that Instructions to this effect should be conveyed to the Governor
of New South Wales, and that he should be directed to apportion
the charge for the establishment in question between the Colonial
and Convict Funds in such manner as the circumstances of the
case may appear to him to warrant, and to report, for the informa-
tion of Lord Glenelg and of this Board, the arrangement he may
see occasion to recommend in this respect. I am, &c,
A. Y. Spearman.
Lord Glenelg to Sir George Gipps.
(Despatch No. 4. per ship Upton Castle.)
Sir, t Downing- Street, 14th October, 1837.
I have the honor to transmit to you, for your information Problem of
and guidance, a copy of a Letter from the Secretary to the Trea- ba?Scks°or
sury, enclosing copies of a correspondence between that Depart- mounted police.
ment and the Board of Ordnance relative to the repair of the
Barracks for the Mounted Police of Xew South Wales for the
present year. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Tender Secretary Stephen.
Sir, Treasury Chambers, 9 Octr.. 1837.
I am commanded by the Lords Commissioners of H.M. Trea-
sury to transmit, in order that they may be laid before Lord
120
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
14 Oct.
Problem of
repairs to
barracks for
mounted police.
Expenditure o;
repairs to be
provided by
colonial funds.
Glenelg for his information, copy of a letter addressed to this
Board by Order of the Master General and Board of Ordnance on
17 April last with an annual estimate of the probable incidental
repair of the Mounted Police Barracks in N. S. Wales in the year
1837-8, amounting to £600, together with the copv of the reply
which my Lords have directed to be made thereto.
I have, &c,
A. Y. Spearman.
[Sub-enclosure No. 1.]
Mr. R. Byham to Mr. A. Y. Spearman.
Sir.
Office of Ordnance, 17 April, 1837.
The Master General and Board of Ordnance having had before them the
enclosed Report and an accompanying annual Estimate received from Major Barnev,
Commanding Royal Engineer in N. S. Wales, of the probable incidental expenses of the
Repair of the Mounted Police Barracks in that Colony in the Years 1837-8, amounting
to £600, and the Master Genl. and Board's attention having been drawn to the
enclosed copy of the general order No. 1, of 1st Janrv., 1836, by which it appears
that the Govr. placed the Police Barracks under the charge of "the Ordnance and
also to the fact of no provision being made for the Repairs in question in the
Ordnance Estimates. I have the honor to communicate the same to you for the
information of the Lords Commrs. of H.M. Treasury and to request you will state
to their Lordships that, as the greater part (three fourths) of these Police Stations
are distinct from the Military Barracks, the Master General and Board are of opinion
that the Ordnance cannot take charge of the Buildings and undertake the repairs
without a corresponding increase of the Establishment, which (as regards the
Engineer Dept.) has already been reported to be wholly inadequate to the proper
Superintendence and Inspection duties ; but on which further information will now
be called for in consequence of the decision of the Lords of the Treasury Com-
municated in your letter of the 2d February last. Under these circumstances, the
Master Genl. and Board request you will submit the enclosed papers to the Lords
Commss. that their Lordships may, as they think proper, provide funds for this
service. I have, &c,
R. Byham.
[Sub-enclosure No. 2.]
Mr. A. Y. Spearman to Mr. R. Byham.
Sir,
With reference to your letter, dated 17 April last, enclosing a Report and
Annual Estimate received from Major Barney, Comg. Rl. Engineers in N. S. Wales, of
the probable incidental Expences of the Repair of the Mounted Police Barracks in that
Colony in the year 1837-8 amounting to £600, and conveying the request of the
Master General and Board of Ordnance that provision should be made for the outlay,
I am commanded by the Lords Comsss. of H.M. Treasury to request you will acquaint
the Master General and Board that my Lords have recently determined that all
expenses connected with the Establishment of the Mounted Police in N. S. Wales
except the ordinary Military Pay and Rations of the Officers and Men belonging to
Regiments of the Stations, who may be employed therein, are to be provided by the
Colonial Govt, from the Colonial Funds, and that it consequently will not be neces-
sary that any particular arrangements should be made in regard to the repairs of
the Mounted Police Barracks by the officers of the Ordnance Department.
I am, &c,
A. Y. Spearman.
Instructions
expenditure
and payments
for ordnance
and convict
services.
Lord Glenelg to Sir George Gipps.
(Despatch No. 5, per ship Upton Castle.)
Sir, Downing Street, 14 October, 1837.
I have the honor to transmit to you for your information
and guidance the enclosed copy of a Letter from the Secretary
to the Treasury relative to the mode of regulating the expenditure
and payment of Money for Ordnance and Convict Services in the
Colony of New South Wales. T have, &c,
Glenelg.
and convict
GLENELG TO G1PPS. 121
[Enclosure.] 1837.
14 Oct.
Mu. A. 5 . Spearman to ! nder Secretary Stephen.
, ,wi /~w o. . -io<»- Instructions re
Sir. Creasury i hambers, 9th October, 183<. expenditure
The Lords Commissioners of Her Majesty's Treasury having and payments
had under their consideration the representations and suggestions, ,or1or^Lna:"5e
submitted to Lord Glenelg in the Despatch of the late Lieut. Gov-
ernor of Van Diemen's Land on the subjecl of Expenditure for
Ordnance and Convict Services in that Colony, which was forwarded
to them in your letter of L2th April last, together with other com-
munications on the same subject, which have been received from the
Commissariat Officer on that Station. I am commanded by their
Lordships to acquaint you for the information of Lord Glenelg
that, with respect to the general principles niton which the trans-
actions of the Military Chests in the Colonies should in ordinary
•circumstances he" conducted, and the intervention of the principal
Civil and Military Authorities regulated, when the Civil Govern-
ment and Military Command are vested in different Officers, it
appears to My Lords sufficient to refer to an Instruction addressed
to the officer commanding the Troops in Van Diemen's Land on the
6th Jany., 1836 (of which a copy is herewith transmitted), and to
a Minute of this Board forwarded to you on the Oth May last, in
which they had occasion to observe " that there could be no doubt
that the Civil Authority within the Settlement " to which that
communication particularly referred "as in all others under the
Crown of IJngland must he held to he supreme; that respectful
-obedience is due by all public Functionaries to that authority, by
whomsoever administered; and that personal deference and respect
should be at all times shewn towards the officer administering the
Government. That, on the other hand, the Civil Governor ought not
lightly to interfere with the duties and administrations of those
Departments which, altho' placed within the limits of his Govern-
ment, are not responsible to him for the manner in which those
duties are performed, and which act. in conformity with regula-
tions and instructions issued by the superior Departments at home,
and are bound to obey and carry into execution such regulations
and instructions. Thus, in all matters relating to the receipt into
.and issue of monies from the Military Chest, or to the rates at
which the various Coins are received or issued in payments to the
Troops, the Commissariat Officer is responsible to this Board alone,
whose peculiar province it is to give such directions as they think
tit in that matter. But on the other hand, on subjects affecting
the general welfare of the Colony, it is undoubtedly proper that
no step should be taken without previous communication with the
Civil Governor through the Officer commanding the Troops, who
is the immediate superior of the Commissariat officer within the
Colony."
The very peculiar nature, however, and large amount of the
Expenditure defrayed from the Military Chest in the Australian
Penal Settlements for services not Military, altho' conducted by
the Commissariat and the Ordnance, as well as the peculiar duties
devolving on the officers of both Departments on those stations,
obviously renders it necessary, with reference to the recent appoint-
ment of Officers in each of those Settlements to take charge of the
Civil Government distinct from the Military command, that some
more specific regulations should be laid down in regard to
122 HISTORICAL RECORDS OF AUSTRALIA.
1S37. transactions of those Colonies; and it has appeared to My Lords
11_0ct- that the following arrangements will effectually provide for all the
instructions re Peculiar exigencies of the service, at the same time that they are
expenditure in general accordance with the principles already adverted to.
for'orchmncc8 In raisinS money for the supply of the Military Chest to what-
and convict ever purposes such monies are to be applied, and in all that relates
services. to the Custody and appropriation of the Funds under his charge.
the Commissary will be guided by his Instructions from My Lords'
Board, subject, as observed in the Minute above quoted, to the con-
trol of his immediate Military Superior and to communications
with the Civil Governor and becoming deference to his opinions
and wishes on every subject that may affect the general welfare and
interests of the Colony.
The Payments for the Commissariat establishment and Inci-
dents will continue to be made under the regulations, which have
been laid down by My Lords' Board; and the issues for the Pay
of the Troops and for all usual Military Allowances and Contin-
gent charges, as well as Payments for Provisions or other articles
required for the separate use of the Military Departments, pro-
cured for the Military on Contracts or Orders relating solely to the
Military Force, will be made under the Warrant or other sufficient
authority of the Military Officer in Command of the Troops for the
time being, under the regulations now existing in that respect,
without the Intervention of the Civil Governor.
The Advances for the Service of the Ordnance Department and
the payment for all Ordnance and Barrack Services,* which are
provided for in the Ordnance Estimates, and carried on under the
regulations and upon the responsibility of that Department, will be
made, in conformity with the general practice on other stations
upon the Drafts of the Ordnance Storekeeper, subject, to the noti-
fication the respective Officers of that Establishment may receive
from the Master General and Board of the Expenditure provided
for in the annual estimates of the Department, and to the limits
placed upon such issues by the Instructions and Communications
from My Lords' Board to the Commissariat officers.
In all matters relating to the Convict Services and Establish-
ments, it is My Lords' intention that the Commissary shall act
under the directions of the Civil Governor; and he will accord-
ingly obtain the authority of the Governor for the payment of all
persons employed in the superintendence of the Convicts, for all
expenditure relating to the maintenance and repairs of Buildings
occupied by the Convict Establishments, and for all Contracts and
purchases of Stores or Provisions for these Establishments; and he
will consider the Colonial Hospitals and Medical Establishments as
coming within the same rules. In cases where supplies for both
the Military and Convict Branches of the service are comprised in
one general contract, it appears to My Lords that, as the amount
of the demands for the Convict Branch greatly exceeds that for the
Military, it will be most conducive to the Public advantage that, the
Purchase for this mixed service should be made under the direc-
tion and control of the Governor.
It will be desirable that the Commissary should on all occasions
be furnished with previous Estimates and information, as will en-
able him to provide for the demands of all these branches of the
service ; but it is to be distinctly understood that, should any diffi-
culty in this respect be at any time experienced, the preference is
GLENELG TO GIPPS. L23
always to be given to the demands for pay of the Troops and for is37.
the other regular Military payments. 14 (Vt
The repairs or construction of Convicts' Buildings, altho' defrayed rnstructioi
from tlu' grants for Convict expenditure, will be effected by the expenditure
Ordnance officers, and those officers will also rake charge of all amiTomict6
Barracks, stores. Clothing, or Articles of that, description, supplied servkes!1'
from this Country, or purchased in the Colony for the Convict
Establishments. All transactions relating to the services will be
carried on in conformity with the Ordnance regulations; but the
Expenditure must he authorized and directed by the Civil Governor
and the Accounts relating to it kept distinct from the accounts
relating to the Ordinary Ordnance Services, which have been
already adverted to, and must be submitted to and examined by the
Commissary of Accounts upon the same principle and in the same
manner, as the Commissariat Expenditure for this service is to be
authorized and directed by the Civil Governor, and the accounts of
that Expenditure submitted for the examination of the Commissary
of accounts.
In making this communication to Lord Glenelg, My Lords deem
it necessary further to observe, with reference to the representations
in Sir George Arthur's Despatch respeel ing the mode of making
payments for supplies purchased by the Ordnance Store Department
for the use and en the account of the Colonial Government, and to
the directions given to the Ordnance Officers to afford all practic-
able assistance in carrying on the Colonial Service, that they con-
ceive it will be advisable, as those officers act in this respect under
the directions of the Colonial authorities, that the payments for
Stores purchased or contracted for on account of the Colony should
in all be made by the Colonial Treasurer, and not by the Commis-
sary from the Military Chest, upon the Storekeeper's Draft upon
Estimates to be previously sanctioned, or in such other manner as
the Governor may direct, either by specific .Warrant for each pay-
ment or by a previous written authority granted at the time any
Contract or Agreement is entered into.
I am directed by their Lordships finally to request that you will
move Lord Glenelg to convey the requisite directions to the Civil
Governors of New South Wales and Van Diemen's Land for the
adoption and observance of the arrangements now submitted to his
Lordship, which My Lords will cause to be duly notified to the
Officers in Command of the Troops, and in Charge of the Commis-
sariat on those stations: and that, in so doing, you will state to
His Lordship, with reference to any Instructions the Governor may
have received in regard to communications with the Colonial Coun-
cils upon matters relating to the Colonial Expenditure, that My
Lords conceive it will be proper they should be apprized that those
Instructions are not in any respect to apply to expenditure defrayed
from resources placed at the disposal of the Crown by the British
Parliament ; and that accordingly all directions relating to the Con-
vict Expenditure, thus placed under the control of the Governor,
are to be given upon their own discretion and responsibility in
accordance with such Instructions relating thereto as they may
receive from the Secretary of State, and are not to emenate from,
or to be submitted for the judgment of. or to be in any manner
controled by the local Councils. I am. &c,
A. Y. Spearman.
124
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
14 Oct.
Instructions
expenditure
and payments
for ordnance
and convict
services.
[Sub-enclosure.]
Mr. F. T, Barney to Officer Commanding at Van Diemax's
Land.
Sir, Treasury Chambers, 6th January, 1S3G.
The Lords Commissioners of His Majesty's Treasury having
had before them your letter of the 26th Feby. last, I am com-
manded to acquaint you that Commissariat Officers are enjoined
by their Instructions from this Board not to imprest money to any
Department, or to pay the contingent or other accounts of any
Officer or Person whatever, excepting for the service of their own
Departments, unless upon regular Warrants from the Commander
of the Forces or Officer Commanding for the time being, which
Warrants are to be considered as positive orders and full authority
to the Commissariat Officer for charging in his accounts the sums
therein expressed ; and My Lords consider it important that this
regulation should be adhered to in the case of payment of Salaries
and Allowances, and in the other instances alluded to in your
Despatch, excepting only in the case of payments, made by the
officer in Charge of the Commissariat upon Schedules of approved
Tenders for supplies, their Lordships considering that the approval
of the Tenders, by the Officer Commanding, is a sufficient authority
for any payments subsequently made in conformity thereto.
I have, &c,
F. T. Barney.
Request by
trustees of
British museum
for specimens
of natural
history, etc.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Emma Eugenia.)
Sir, Downing Street, 14th October, 1837.
I have the honor to transmit to you a copy of a Letter,
which has been addressed to me by the Trustees of the British
Museum, requesting me to instruct the Governors of Her Ma-
jesty's Colonial Possessions to make known within their respec-
tive Governments the desire of that Institntion to receive Speci-
mens of the Natural History of the Colonies; and also to take
advantage of any opportunities which may offer of securing for
the Trustees such rare and curious objects as shall appear to be
of sufficient importance to deserve a place in the National
Museum. I have, accordingly, to request that you will con-
tribute to the utmost of your power towards the promotion of the
views of the Trustees of the British Museum.
I also enclose several copies of a Code of Directions, which has
been prepared by the Officers of the Museum for the guidance
of inexperienced persons in selecting and preserving Minera-
logical and other Specimens ; and I have to request that you will
cause them to be distributed among those who may be willing
to collect and present Specimens to the Museum.
I have, &c,
Glenelg.
GLENELG TO GIPPS. 125
| Enclosure.] 1837.
14 Oct.
Mu. T. Forshall to Lord Glenelg.
Request bv
My Lord, British Museum, 2nd October, 1837. trustees of
I am directed by the Trustees of the British Museum to toipeSrw1"
acquaint your Lordship that, having ;i prospect of obtaining, at no of natural
distant period, much increased space for the deposit and exhibition history, etc.
of the various objects in their charge, They arc anxious to extend
and improve the several branches of their Collections with as little
delay as possible.
To this end the Trustees conceive that Your Lordship's influence
may very powerfully contribute; and. confident of your Lordship's
desire to promote the interests of Science. They solicit without ,
scruple that your Lordship will instruct the Governors of our
Colonial dependencies to make the designs of the Museum known
in their respective Colonies, and to take advantage Of any oppor-
tunities which may offer of securing for the Trustees such rare
and curious objects as shall appear to be of sufficient importance
to deserve a place in the National Museum.
These objects when transmitted to England will be carefully pre-
served, and the names of the respective donors honorably recorded
among the contributors to the Museum.
I am further to place at your Lordship's disposal Three Hundred
copies of a brief code of directions for Collectors of Natural History,
drawn up by the Officers of the Museum, and containing some sug-
gestions which may be useful to persons inexperienced in the selec-
tion and preservation of Mineralogical, Zoological, and Botanical
Specimens. T haye &c ^
T. Forshall, Secretary.
[Sub-enclosure.]
[A copy* of the directions is not available.]
Lord Glenelg to Sir George Gipps.
(Despatch No. 7. per ship Emma Eugenia.)
Sir, Downing Street, 16 October, 1837. 16 Oct.
I have received a Memorial from Mr. F. M. Stokes, a Request by
Settler in New South Wales, praying for a grant of Land. It L*lknd°g5nt.
appears from Mr. Stokes' Statement that he emigrated in the
year 1829, under the late Land Eegulations, but that on his
arrival in the Colony he so employed his Capital as to render it
unavailable for the Cultivation of Land; but, having now made
a purchase of Sheep, he applies for a Grant. You will have the
goodness to acquaint Mr. Stokes that I have received his Petition, Refusal of
and that I regret that the existing Regulations render a com- ,and grant"
pliance with the prayer of it impossible. j jjave £c
Glenelg.
* Note 14.
126
HISTORICAL RECORDS OF AUSTRALIA.
1837.
H Oct.
Despatch
acknowledged.
Approval of
arrangements
for control of
colonial store
department.
Lord Glexelg to Sir George Gipps.
(Despatch No. S, per ship Emma Eugenia; acknowledged by
Sir George Gipps, 12th April, 1839.)
Sir, Downing Street, 21 October, 1837.
With reference to your Despatch* No. 138 of the 20th
December last on the subject of the custody of the Public Stores
in New South Wales, I have the honor to transmit for your
information and guidance a copy of a letter which has been
received from the Treasury on that subject. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 20 Oct., 1837.
Having laid before the Lords Commrs. of H.M. Treasury
your letter dated 22 July last, enclosing copy of a despatch from
the Governor of N. S. Wales reporting the appointment of a Colo-
nial Storekeeper. I am commanded by their Lordships to transmit
for the information of Lord Glenelg copy of a communication,
which my Lords have directed to be addressed to the M. Genl. and
Board of Ordnance on the subject to which your letter refers, and
I am at the same time directed to request you will observe to
Ld. Glenelg that my Lords concur in the opinion that the Expendi-
ture that may have been incurred under the arrangement relating
to the Colonial Stores, reported by Sir Richard Bourke, should be
sanctioned. I am, &c,
A. Y. Spearman.
[Sub-enclosure.]
Mr. A. Y. Spearman to the Secretary of the Ordnance.
Sir, Treasury Chambers, 19 Octr., 1837.
I am commanded by the Lords Commr. of H.M. Treasury to
transmit to you Extract of a Desp. addressed on the 28 Deer, last
by the Governor of N. S. Wales to the S. of State for the Colonies,
so far as relates to placing the Colonial Store Dept. under the
superintendence of the Ordnance Storekeeper; and to request that,
in laying the same before the M. Genl. and Board of Ordnance, you
will state that my Lords concur in opinion with Sir R. Bourke as to
the expediency of adopting the arrangements proposed in that des-
patch, which the M. Genl. and Board will observe was distinctly
contemplated in the communication from this Board of 18 March,
1835, relating to the employment of Ordnance Establishments in
the Australian Penal Settlements, and has already been acted upon
apparently with great advantage to the* Colonial Service in
V. D. Land. I am accordingly directed to request that you will
move the M. Genl. and Board of Ordnance to cause the necessary
Instructions to be conveyed to the Ordnance Storekeeper in
N. S. Wales to afford the co-operation and assistance required by
the Colonial Govt, in this respect, observing that any difficulty, in
regard to the payment for articles procured for the Colonial Service,
will be removed by the arrangement which has been pointed out in
Note 42.
GLENELG TO GIPPS. li}7
the Communication recently made to the Sec. of State respecting 1S37.
the expenditure fur differenl Branches of the Public Service in the 21 Oct.
Australian Settlements of the purport of which the M. Genl. and
Board <>f ordnance have been apprized. I am. &c,
A. Y. Spearman.
Lord Glexelg to Sir George Gipps.
(Despatch No. '.». per ship Emma Eugenia; acknowledged by
Sir George Gipps, 23rd August, 1S3S.)
Sir. Downing Street. 21 October, 1837.
With, reference to my Despatch X<>. 257 of the 27th Janu- instructions re
ary last, I have the honour to transmit to you, for your infor- foJTtores115
mation and guidance, the enclosed copy of a letter from the fo?" "J?™* ,
, . <> i t-> ... establishments.
Secretary to the Treasury on the subject ot the Requisitions
for Clothing and Stores for the Convict Establishments in the
Australian Colonies. I have, &c.,
Glexelg.
[Enclosure.!
Mr. A. Y. Spearman to Undeb Secretary Stephen.
Sir. Treasury Chambers, 10 Oct.. 1837.
I am commanded by the Lords Commrs. of II. M. Treasury
To transmit the aceompg. copy of a letter, addressed to their
Ldships. by direction of the Board of Ordnance, dated 1 ulto.. and
to request that you will, in referring to the Letters from this Board
of the 6 Octr. and 30 Novr., 1836, on the subject of the requisition
for clothing and stores for the Convict Estabt. and to the Com-
munication of the 0 Inst, respecting the Expenditure for Convict
services in the Australian Settlements, move Lord Glenelir to in-
struct the respective Governors of X. S. Wales and V. D. Land to
cause all future requisitions for stores to be prepared by the Ord-
nance Officers and in conformity with the regulations of the
Ordnance Dept. The Governors slid, be further desired, when these
requisitions have reed, their approval, to forward them in the first
instance to the Secy, of State for his Lordship's consideration, and
in order to their transmission to this Board : and to cause the same
to be accompanied by Reports of Survey of Articles that may
remain in the Colonial Stores and by full explanation with regard
to anything unusual either in the qualities or description of any
articles applied for. I am, &c,
A. Y. Spear max.
[Sub-enclosure.]
Mr. G. Butler to Mr. A. Y. Spearman.
Sir. Office of Ordnance, 1 Sept.. 1837.
I have the honor to acquaint you. for the information of
the Lords Commrs. of H.M. Treasury, that, the Board of Ordnance
having recently had under consideration the Demands of Stores
for the various Depts. at V. D. Land for 1837. their attention has
been called to the apparently lavish and hasty manner in which
articles are demanded for the Convict Estabts.. for instance, in a
former Demand ordered to be supplied on 0 January last 400 pairs
of Wool Cords were included, while, in the present one, 50 pairs are
128
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 Oct.
Instructions re
requisitions
for stores
for convict
establishments.
asked for ; the Board beg to observe to their Ldships. that, if the-
latter were the whole number wanted, the former requisition must
have been much too great, and, if the 50 pairs are meant to be in
addition, they are obviously needless. Fifty pairs of Spectacles are
also demanded, which articles the Board submit are scarcely proper
to be included in a Requisition for Convicts.
I have therefore reed, the Board's Commands to request you will
bring the same under the notice of the Lords Oommrs., with a view
to any instructions their Lordships may think proper to give to
their officers, so as to ensure every care and attention in the forma-
tion of future demands, and to satisfy themselves that nothing is
asked for but what is absolutely necessary. I am, &c,
G. Butler, for the Secretary.
Transmission
of volume
of extracts
from report
of inspectors
of prisons.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Emma Eugenia.)
Sir, Downing Street, 21st October, 1837.
I have the honor to transmit to you, herewith, a Volume
which has been published by Her Majesty's Government,* con-
taining Extracts from the Second Report of the Inspectors of
Prisons for the Home District. As the information contained
in this Book may be beneficially applied to the management of the
Gaols in the Colony under your Government, I beg strongly to
recommend it for the perusal and attention of yourself and of
the Public Officers, who may be charged with the superintendence
of the Prisons. I have, &c,
Glenelg.
Arrival of ship
Augusta Jessie
with
immigrants.
Testimony to
services of
T. Galloway.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 100, per ship Earl Stanhope.)
My Lord, Government House, 21st October, 1837.
I have the honor to acquaint your Lordship that the ship
" Augusta Jessie" with Emigrants from the Southern Counties
of England arrived in this Harbour on the 11th instant. I am
happy to add that the passengers and Crew have reached their
destination in a healthy state and that the casualties during the
voyage have been trifling. One grown up Person and seven very
young children have died on the passage according to the accom-
panying List. The whole number embarked consisted of 232,
and 228 have been landed, four births having occurred on Ship-
board. Too much praise cannot be given to the Surgeon Super-
intendent, Mr. Thomas Galloway of the Royal Navy, for the
excellent order in which he has brought out his party. By
taking no more persons on board than are allowed by the Pas-
sengers' Act, by judicious arrangements of the Berths, by en-
forcing cleanliness, and by attention to the diet of the children
• Note 4 3.
GLENELG TO G1PPS. 129
for whose use he had a Cow on board, this desirable result has 1837.
keen obtained. Some few of the children have hooping Cough,
but their general appearance is that of rude health, the bloom
of their English complexion being hardly impaired by the voyage.
The party landed on the 14th instant. Those, who needed it, Accommodation
obtained temporary accommodation in Wooden buildings I have fmmigranS
had erected and fitted up in Sydney for the use of Immigrants
brought to the Colony by Government. Nearly the whole num-
ber have already obtained advantageous engagements.
I have, &c,
RlCHD. BOURKE.
[Enclosure.]
[A copy of this list is not available.]
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 101, per ship Earl Stanhope; acknowledged by
lord Glenelg. 20th June, 1S3S.)
My Lord, Government House, 21st October, 1837.
I have been requested by Mr. G. M. C. Bo wen to forward Transmission
the accompanying Memorial addressed to Your Lordship. Upon from6™0"*1
its receipt I informed the Bishop of Australia, who acquaints G- M- c- Bowen.
me that he has received a copy from Mr. Bowen, and that he
does not desire to accompany it by any remark, except that
" Mr. Bowen is not in possession of all the facts which would be
necessary to guide him to a right conclusion."
I need hardly add that, upon the subject* of Mr. Bo wen's
letter, your Lordship will, I am sure, hold me excused from
offering any observation. I have, &c,
Richd. Bourke.
[Enclosure.]
[A copy of this memorial is not available.']
Lord Glexelg to Sir George Gipps.
(Despatch No. 10, per ship Emma Eugenia.)
Sir, Downing Street, 22d October, 1837. 22 Oct.
I have received Sir R. Bourke's Despatch No. 29 of the Despatch
15th May, in which he reports upon the subject of a Letter acknowledsed-
addressed to me on the 19th of April, 1836, by Mr. John Lamb,
formerly a Magistrate of New South Wales, complaining of an
Article which appeared in the " Australian " Newspaper of the
26th January, 1836, and which Mr. Lamb attributed to two
Officers of your Government. Having attentively considered the
Ser. I. Vol. XIX— I * Note 44.
130
HISTOEICAL RECORDS OF AUSTRALIA
1S37. documents enclosed in Sir R. Bourke's present Despatch, I can
~" ' see no reason to interfere in Mr. Lamb's case with the decision
Refusal to 0f your Predecessor to exclude that Gentleman's name from the
restore J. Lamb . e t r* •• c t-» i-r-i
to commission revised List ot the Commission oi the .Peace; and I have, there-
of peace. fore, to desire that you will communicate a copy of this Despatch
to Mr. Lamb as containing my answer to that Gentleman's
representations on the subject. I have, &c,
Glenelg.
Transmission of
letter from
C. D. Riddell.
Adequacy of
salary of
colonial
treasurer.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 102, per ship Earl Stanhope; acknowledged by
lord Glenelg, 16th June, 1838.)
My Lord, Government House, 22nd October, 1837.
I have the honor to transmit the duplicate of a letter
addressed to your Lordship by the Treasurer of this Colony, the
original being forwarded by Mr. Riddell himself as stated in his
letter to the Colonial Secretary of which I send a copy.
Having perused Mr. Riddell's Letter, I have little more to
observe than that, in my opinion, the Colonial Treasurer is
sufficiently paid for the whole duty he performs by a Salary of
one thousand pounds a year. Had not the circumstance of his
being obliged to provide security to a large amount been con-
sidered as some reason for attaching as large an income to the
office of Treasurer, I should have said that, previously to the
late addition to his duties, the Treasurer was greatly overpaid.
The duties, which have been lately transferred,* and which Mr.
Riddell states to be so onerous and responsible, were efficiently
discharged by Mr. Macpherson (who also gave security) for
some years at a salary of £500 and latterly of £600. In adding
to the insufficient duties of the Treasurer without encreasing
his Salary, I do not perceive that any injustice has been done
him, as I am not aware of any compact between the Government
and Mr. Riddell which prevented the former from requiring as
large a portion of Mr. Riddell's time and labor for the public
service as is usually given by other Functionaries. As the office
now stands, the Treasurer may be regarded as placed upon a
footing with the other Civil Officers of the higher Class in the
Colony. Your Lordship will recollect that the salary of the
Colonial Secretary has this year been reduced to £1,500.
I will not take up your Lordship's time in making any observa-
tions upon the other matters brought forward in Mr. Riddell's
letter, the whole case appearing to me to hinge upon the ques-
tion whether the Colonial Treasurer is or is not sufficiently paid
for the duties he now performs. I have, &c,
RlCHD. BOURKE.
Note 45.
glenelg to gipps. 131
[Enclosure No. 1.] L837.
m 22 °Ct-
Mi;. C. D. Kiddell to Colonial Secretary 1 homson.
Sir. Colonial Treasury, ISth October, 1837.
I have the honor of transmitting to you, for the perusal of Transmission
His Excellency the Governor, a duplicate Letter addressed to Lord requiting
Glenelg on the subject of the additional Salary, to which I conceive extra salary,
l am entitled upon being commanded to perform the duties of Col-
lector of Internal Revenue in addition to those of Colonial Trea-
surer.
I shall transmit the original by the earliest opportunity.
I have, &C.,
C. D. Riddell.
[Enclosure No. 2.1
[A copy of this letter is not available.]
acknowledged.
Lord Glexelg to Sir George Gipps.
(Despatch No. 12. per ship Emma Eugenia.)
Sir, Downing Street, 23d October, 1837. 23 Oct.
I have received Sir R. Bourke's Despatch Xo. 33 of the Despatch
19th May last, transmitting a Memorial addressed to me by
Dr. Reid, formerly a Surgeon of the Royal Navy.
That Gentleman, having received very considerable Grants of Refusal to
Land in New South Wales upon Quit Rent, prays that, in con- Jgnton'iands
sideration of his meritorious services as a Naval Surgeon, he may granted to Reid.
be discharged from the future payment of that Quit Rent. You
will express to Dr. Reid my regret at being unable to entertain
his application. The admission of his claim would be the recogni-
tion of a principle very dangerous to the revenues of the Colony,
and of which it would be impossible to foresee, or to limit the
application to other cases. If Dr. Reid's public services have not
been sufficiently requited, he must be referred to the Department
under which those services were rendered. I have, &c,
Glexelg.
Lord Glexelg to Sir George Gipps.
(Despatch No. 13. per ship Emma Eugenia.)
Sir, Downing Street, 21 October, 1837. 24 Oct.
I have received Sir Richard Bourke's Despatch No. 28 of Despatch
the 14th of May last, with the letter therein enclosed from Mr. acknowledged.
John Bingle on the subject of the omission of his name in the
revised commission of the Peace issued in January, 1836. Mr.
Bingle's name was omitted in the new commission by Sir
H. Bourke in the exercise of the discretion necessarily reposed
in the Governor in such matters. I do not think such an omis-
sion a well founded cause of complaint; still less can I identify
the Government with the Publisher of one of the local Journals,
132
HISTORICAL RECORDS OF AUSTRALIA.
1837.
24 Oct.
Refusal to
restore
J. Bingle
to commission
of peace.
or hold the Governor responsible for the vindication which the
Journalist may have thought proper to make of his measures.
There is not the slightest evidence to shew that your Predecessor
sanctioned or knew of the Publication of which Mr. Bingle Com-
plains. For these reasons, and without advancing further into
the details of this Case, I must decline to make any order for
Mr. B ingle's reinstatement. You will communicate to Mr. Bingle
a copy of this Despatch as the answer to his letter of the 3d Janu-
ary last, I have, &c,
Glenelg.
Despatch
acknowledged.
Appointment of
Sir J. Jamison
to legislative
council.
Replv to claim
b}- P. P. King
to seat in
council.
Lord Glenelg to Sir George Gipps.
(Despatch No. 14. per ship Emma Eugenia.)
Sir, Downing Street, 24 October, 1837.
I have had the honor to receive Sir R. Bourke's Despatch
No. 30 of the 16th May last, reporting the death of Mr. Archibald
Bell, a Member of the Legislative Council of New South Wales,,
and the nomination of Sir John Jamison to the vacant Seat at
that Board.
Having submitted to the Queen the name of Sir J. Jamison
for a Seat in the Legislative Council, Her Majesty has been
graciously pleased to approve that nomination, and his name has
accordingly been inserted in the List of the Legislative Council-
lors in your Royal Instructions.
Adverting to the remonstrance of Captain King in his letter
of the 9th of May last enclosed in Sir R. Bourke's Despatch,
No. 31 of the 17th May, I desire it to be understood that I am fully
aware of the claims to consideration, which Captain King derives
both from his personal and his professional character; and it is
entirely remote from my intention to derogate from either in
the preference given to Sir J. Jamison's claims; But, without
entering into any other considerations, it appears to me sufficient
to express my concurrence in Sir R. Bourke's opinion that it
would be undesirable to " nominate two such near relations as
Captain King and Mr. MacArthur to a close Council of 14 Mem-
bers, of whom seven alone are unofficial."
The claim of right, if indeed Captain King can properly be
understood as advancing such a claim, is too obviously untenable
to require any discussion. His own statement is that a Seat in
the Council was reserved for him provided he reached the Colony
within 12 months from its first opening, and that he did not
arrive there within that period. j nave &c>
Glenelg.
GLENELG TO GIPPS. 133
Sih Richard Boi rke to Loud Glenelg. is37.
9^ Oct
(Despatch No. L03, per ship North Briton.)
My Lord, Government House, 25 October, 1837.
With reference to the last paragraph of my despatch of
the 9th September last, No. 86, in which I stated that the Baron Transmission
de Thierry was then in Sydney on his way to New Zealand. I have c. ^Thierry!
now the honor to transmit a printed paper which he has circulated
here and the Copy of a Letter he addressed to me on the 7th In-
stant. I have given no answer to this Letter, nor, at an interview
which I accorded him, did I enter into any discussion of his Policy re
projects with respect to Xew Zealand ' I merely intimated that C. de Thierry.
I could not recognize him in any manner, and that I was con-
vinced His Majesty's Government desired and would maintain
the independence of those Islands.
I have given information to Mr. Busby to the foregoing effect.
The Baron de Thierry sailed in the " Nimrod " Brig for Xew Departure of
Zealand on the 23rd instant with about twenty five Europeans of c' e lell}'
different trades and callings and two Xew Zealanders in his suite.
I have, &c,
[Enclosures.] RlCHD. BoURKE.
[Copies of these papers will be found in a volume in series III.]
Lord Glenelg to Sir George Gipps.
(Despatch No. 15, per ship Emma Eugenia.)
Sir, Downing Street, 26 October, 1837. 26 Oct.
With reference to my Despatch to Sir Richard Bourke claim by
Xo. 50 of the 18th of September, 1835, I have the honour to trans- to land grant,
mit to you herewith copies of a further correspondence, which
has passed between my Under Secretary and Mr. Robert Dawson
Tespecting that Gentleman's claim to Land in Xew South Wales.
To that Despatch, I have at present received no reply. As how-
ever it is possible that the necessity of furnishing a Report on
Mr. Dawson's case may have escaped the notice of Sir R. Bourke,
T have to request that you will supply that omission, if it should
appear to have occurred, by reporting to me at your earliest con-
venience the steps, which were taken by your Predecessor on the
receipt of my Despatch of the 18th September, 1835, together
with your opinion as to the justice of Mr. Dawson's claim to a
Maximum Grant of Land. I have, &c,
rT31 , ,T .. , Glexelg.
[Enclosure No. 1.]
Mr. R. Dawsox to Lord Glexelg.
My Lord, London. 22 July, 1837.
Having had the honor in the year 1835 of receiving from
your Lordship a communication,* dated 16th Septr. of that year, as
* Note 46.
134
HISTORICAL RECORDS OF AUSTRALIA.
1837.
26 Oct.
Memorial to
parliament.
Order given
for land grant
to R. Dawson.
Land
authorised
in colonv.
Intentions on
application
for land.
Special
concessions
expected.
to a Grant of Land in New South Wales, and. as that communica-
tion conveyed to me your Lordship's favourable decision upon the
subject, I now beg leave to transmit the enclosed Documents, which
I have recently received from Sydney, and at the same time re-
spectfully to solicit your Lordship's attention to them.
Having felt myself deeply injured by the refusal of Sir Ralph
Darling of a Grant of Land to me in 1828 without assigning to me
any reasons for such refusal, and failing afterwards to obtain from
your Lordship's Predecessors in office what I considered to be jus-
tice, I memorialized Parliament* on the subject in the month of
August, 1835. The Memorial was referred by the House of Com-
mons to the Colonial Office, and your Lordship was afterwards kind
enough to give my case your attentive consideration and to record
your decision in favor of my claim, by ordering the Colonial Gov-
ernment to make me such a Grant of Land, as I was entitled to at
the period of my first application in the Colony, provided the Gov-
ernor should be of opinion that I was not disqualified from the
enjoyment of such advantage.
No disqualification of any kind attached to me, and my son, who
acted as my agent in the Colony, applied in 1836 for a Maximum
Grant ; but he was not allowed to select more than half the quan-
tity I was entitled in respect of my Capital, in consequence of my
having in 1828 applied for two Sections, or the half of a Maximum
Grant, upon the navigable part of the Williams River ; but, as these
were front sections, one of them only would have been of more
value, had I obtained it, than four sections, or a maximum Grant
elsewhere, either at that or the present period.
It now seems that the Colonial Government has erroneously mea-
sured the amount of capital I then possessed in the Colony by the
quantity of Land for which I applied, overlooking entirely the rea-
sons assigned for such application.
My Son in his Letter (marked A) to Mr. Macleay, 7th of April,.
1836, truly states that it was my intention to have applied for two
other sections in another situation, and my reason for not applying
for the whole four sections, to which I knew I was entitled, at
one place, was that the country at the back of those sections was
fit neither for sheep nor agriculture ; but, if I had not been allowed
to take a maximum grant in two separate portions, I should then
have preferred the two (or even one of them only, if I could not
have had both) valuable sections with a navigable river frontage
and with the inferior Land attached to them behind, to the option
of selecting a Maximum Grant in any other situation then open
for location in the Colony.
It may be objected that, when I applied for a Grant in 1828, I
must have known that, according to the existing regulations. I
could not be allowed to select a maximum, or indeed any other
grant in two separate portions. In answer I beg to state to your
Lordship that I was well aware that this wod. have been contrary
to the regulations then in force ; and I also knew that a selection
of the two front sections, for which I actually did apply, was liable
to the same objection, inasmuch as it was not the practice of the
Colonial Government to grant more than one front section at once
to any applicant upon a navigable river unless under particular
circumstances; but hoping as I then did that the peculiar and un-
fortunate situation, in which I was at that time placed in the
Colony, might induce the Governor to relax in my case from the
Note 46.
GLENLLG TO GIPPS.
135
Btrict observance of such a rule in my favour (which would not I
believe have been without example), I considered myself justified
in endeavouring to obtain such an Indulgence.
In the room however of getting any indulgence of the kind, my
application was at once met by a refusal of any Laud at all, with-
out assigning to me any reasons for such refusal. No opportunity
was therefore allowed me either to prove my qualification for a
maximum Grant in regard to capital, or to make any explanation
of the motives which had induced me to ask for less in point of
quantity of acres on the Williams River, than I knew I was
entitled to under the regulations then in force.
If my just claim for a Grant of Land had been allowed by Sir
Ralph Darling, your Lordship will perceive that, in the event of the
two front sections for which I applied having been refused me. and
in the event also of his declining for the said reason to allow me
to select my Grant in two separate portions. I still had the privi-
lege under the regulations in force to take all I was entitled to in
point of quantity either on the Williams Liver or elsewhere; and I
respectfully submit to your Lordship that it cannot reasonably be
supposed that 1 shall have forfeited an indisputable claim under
the regulations in force to a maximum Grant, because the Governor
had declined to grant me an indulgence to which he might have
considered I possessed no claim whatever. Had I therefore re-
mained in the Colony, and the Governor allowed my claim for a
Grant of Land. I should have proved then, as I have done since,
as will be shewn by the accompanying Documents, that I was
entitled to a maximum Grant, and should have selected it accord-
ingly under the regulations which then existed.
I trust therefore that my. having asked the Colonial Government
in 1828 for two front sections on a navigable river, which under
the regulations in force I knew could only be granted me as an in-
dulgence, will not now be allowed to operate to my prejudice after
the lapse of so many years, during which I have suffered so seri-
ous a loss by the conduct pursued towards me by Sir R. Darling,
and that your Lordship will be pleased to direct the Colonial Gov-
ernment to permit me to select the remaining two sections, to which
with the two already selected I have proved, as. by a reference to
documents attached to No. 4, I was entitled in point of capital
when I made my application in 1828.
That your Lordship will in your judgment endeavour to do me
justice I feel fully convinced, whatever that judgment may be. and
hoping that your Lordship will allow the importance of this subject
to me to plead my excuse for troubling you upon the present occa-
sion so much in detail. I have. &c,
Robert Dawson.
1837.
2G Oct,
Land grant
refused.
Claim for
maximum
grant.
Request for
order to
select land.
[Sub-enclosure No. 1.]
Mr. R. B. Dawson to Colonial Secretary Macleay.
Sir, Sydney, 24 February, 1836.
I have the honor to acquaint you that I have received some papers from Eng-
land, relating to my Father's application for a Grant of Land.
Understanding that the matter has been referred to the Executive Council, and Request bv
being authorized to act as my Father's agent in the Colony, I have thought it right R. B. Dawson
to request that I may be examined by the Council on the subject, should there be to be examined
the least hesitation in forthwith admitting his claim. by council.
My address is to the care of Edye Manning, Esqre., Queen Street, Sydney.
I have, &c,
Robt. B. Dawson'.
136
HISTORICAL RECORDS OF AUSTRALIA.
1837.
26 Oct.
Land grant
for R. Dawson
authorised by
council.
Letter
acknowledged.
Previous
applications
for land grant.
Claim for
maximum
grant.
[Sub-enclosure No. 2.]
Colonial Secretary Macleay to Mr. R. B. Dawson.
Sir' Colonial Secretary's Office, Sydney, 19th March, 1836.
k * Lam, directed b*v the Governor to inform you that His Excellency has laid
before the Executive Council a Dispatch from the Right Honorable the Secretary of
State, transmitting a Memorial addressed by you to the House of Commons on' the
subject of a Grant of Land for which you applied to General Darling in 18?8, to-
gether with the several Official Documents connected with vour claim, and that at
the recommendation of the Council which attentively considered all the circumstances
ot the case, His Excellency is pleased to authorize vour being allowed to select 1 <>80
acres of Land in any part of the Colony open to the location of Settlers, previously
to the 1st of July, 1831, and subject to the regulations then in force.
The above extent of Land is allowed as being the quantitv vou originallv applied
for, and not three sections as stated in your Memorial to the*House of Commons, and
there appearing to the Council to be no doubt that, had you remained in the Colony
you would have obtained a Grant to that extent.
The Council did not go into the question of Capital that you might have possessed
when you made your original application, which it would at this time be difficult,
if not impossible, satisfactorily to determine. It will accordingly be necessary for
you to make an unobjectionable selection of the Land, now authorized, and report
the same to the Surveyor General (who has been duly apprised) within four months
from this date, when that officer will submit it for final approval.
I am, &c,
Alex. Macleay.
[Sub-enclosure No. 3, marked A.]
Mr. R. B. Dawson to Colonial Secretary Macleay.
sir>. . Ratagan, Hunter's River, 7th April, 1836.
I have the honor to acknowledge on the part of my Father the receipt of vour
communication, dated 19 March last, informing me that His Excellency the Governor
had been pleased to authorize my being allowed to select 1,280 acres of Land in any
part of the Colony open to the location of Settlers, previous to the 1st of July, 1831,
and subject to the Regulations then in force.
The above extent of Land is stated to be allowed as being the quantity originally
applied for by my Father in 1828, and the question of the number of acres, to which
his capital then entitled him, is said to be difficult, if not impossible, satisfactorily
to determine.
In reply, I may be permitted to state that my Father applied in 1828 for two
valuable front sections on the Williams River, and that, as his application was
deferred, he was not called upon to prove the amount of his capital, which would
have entitled him to a maximum Grant of 2,560 acres.
That the reason of my Father's asking for a less quantity of Land than his
capital entitled him to, was his intention of applying to Government for permission
to take the remainder of his Land in a situation better calculated for the pasturage
of Sheep, of which his Stock principally consisted; and that, had he failed in
obtaining such indulgence, he would undoubtedly have been glad to take the whole
in one Grant, rather than lose his right altogether.
That I am ready, should any evidence on the subject be deemed conclusive, to make
affidavit of my full belief that my Father's capital would at that time have entitled
him to a maximum grant of Land.
That Sir Geo. Grey, in his Letter dated Septr. 18th, 1835, in answer to my
Father's application to the Secretary of the Colonies, states that it was the inten-
tion of Government to allow him such a Grant as his Capital would have entitled
him to at the time of his application in 1828, and that two sections, especially two
front sections with the choice of location in 1828, were worth far more than four
at this time with the present limited .power of selection ; and that under these
circumstances, connected with the fact that my Father has now held stock in the
Colony for nine years without a single Acre of his own on which to depasture them,
I trust I shall not be considered presumptuous in hoping that His Excellency will
take my Father's case into farther consideration and be pleased to allow him the
remainder of the land solicited.
In the mean time, considering the daily increasing difficulty of procuring Land in
an eligible situation, I beg to state that it is my intention to proceed in the selec-
tion of the Land already granted, and I trust that these circumstances will not
operate to prejudice the claim now urged. j have &c
Robert B. Dawson.
CLKXELG TO GIPPS.
137
[Sub-enclosure No. 4.]
Mb. R. B. Dawson to colonial Secretaby Macleay.
Sir, Ratagan, Hunters River, 24 June, 1836.
I bad the honor to address you on the 2&th March last with an application for
1,280 acres oi Land in addition to the two sections lately granted by the Government
to my Father.
Mmc the date nt the above mentioned application, the arrival of Mr. E. B. Mowle,
late oi the Finn of Messrs. Geo. Bunn and Co., who were my Father's agents in
the Colony, has put it in my power to furnish the Government with a correct state-
ment of the amount of my Father's capital at the time of his application in 1828.
Enclosed is an attested statement of the balance, which he had in the hands of
Messrs. Bunn in 1828, amounting to 4-">.m and also a return of Sheep and Horses
in the charge of Mr. Macleod of Ratagan, Hunters River, their nett value amounting
to 81,284.
These amounts, with the enclosed certificate from Messrs. Icely and A. B. Sparke,
both at that time Merchants in Sydney, will --hew that, if my Father had been per-
mitted, he could have proved capital so far beyond the amount required by the Gov-
ernment to entitle applicants to a Maximum Grant of Land.
Referring to the purchases of the Australian Agricultural Company of Cross bred
Sheep from 1826 to 1S2S from the Messrs. Macarthur's, Bowman. Hawkins, Icely,
Rankin, Winder and others, at from three to five guineas a head, I submit that the
valuation of my Father's Hocks is rather more than above their full worth at the
time, they being of the finest quality of Wool.
I therefore trust that His Kxcellency will be pleased to take my Father's case into
further consideration, and that, on this conclusive evidence, he will see fit to allow
him the additional quantity of Land solicited. 1 have, &c,
Robt. B. Dawson.
[Amiexure No. 1.]
Return of Sheep and Horses, the property of Robert Dawson, Esqe.,
late Chief Agent of the Australian Agricultural Company, in
the charge of Alexander Macleod, Esqre., of Ratagon, Hunters
River in May. 1828, and their value affixed according to the
correct prices of the period.
Ewes in Lamb by pure Saxon Rams,
Do. Maiden
Wethers
Rams of the pure Saxon breed
Mares in foal
Horses
Colts
219 at £3 a head
60 at Do.
92 at £1
6 at £10
377
3 at £50 each .
2 at £40 Do. .
1 at £15 Do. ,
180
92
60
989
0
0
150
80
15
0
0
0
0
0
0
1837.
26 Oct.
Transmission
of statement
oi capital of
R. Dawson.
Return of live
stock of
R. Dawson.
£1,234 0 0
I hereby certify that the above is a true and correct return of the number and
value of Mr. Dawson's stock under my charge in May, 1S2S.
Ratagon, Hunters River, 24th June, 1836, Alexr. Macleod.
[Amiexure No. 2.]
Certificate.
We the undersigned do hereby beg to certify that, in the year 1828, we would have Certificates
cashed any Bills on England (had we required them) drawn by Mr. Robert Dawson, finances of
late Chief Agent of the A. A. Co., to the amount of £1,000. A. B. Sparke. R. Dawson.
Thos. Icely.
The certificate signed by Mr. Mawle that I had a balance of £524 in the hands of
the late Mr. Geo. Bunn and referred to in my said Letter Xo. 4 was forwarded to
the Colonial Government with the other documents referred to, in proof of my
capital when I applied for a Grant in 1828. Unfortunately my son did not keep a
copy of Mr. Mawle's certificate, but the Colonial Government are in possession of it;
and, as Mr. Mawle is still at Sydney, there can be no difficulty in proving it if
required. robt. Dawson.
188
HISTORICAL RECORDS OF AUSTRALIA.
1837.
26 Oct.
Letter
acknowledged.
Refusal of
maximum
grant.
Comments by
R. Dawson.
Refusal to
reverse
decision of
governor.
Question to
to decided.
Explanation
required re
previous
application.
[Sub-enclosure No. 5.]
Colonial Secretary Macleay to Mr. R. B. Dawson.
Sir, Colonial Secretary's Office, Sydney, 26th Novr., 1836.
With reference to my Letter of the 19th March last, I have now the honor
by the direction of the Governor to inform you that His Excellency, having laid
before the Council your Letter of the 9th April last, as the agent of your Father,
urging the cla'im of the latter to a maximum Grant of Land, instead of two Sections
as recommended by the Council and stating your readiness to prove that the Amount
of Capital, possessed by your Father at the time he made the application to Sir
Ralph Darling, would have entitled him to the former quantity.
The Council saw no reason to vary their former decision as Mr. Dawson has
already been allowed the whole quantity he originally applied for. Measuring your
Father's means by the terms of his application, the Council have adopted a surer
criterion than any evidence that could be given at the present time of what his
capital then was, and placed him in the same situation in which he would have
stood, had Sir Ralph Darling been pleased to comply with his request.*
I have, &c,
Alexe. Macleay.
* This could not in any respect be the case. The choice of situation is now
limited to a District of Country, from which the valuable Land for which I asked
Sir Ralph Darling has been granted away to others, and this, together with the fact
that selections of all the best portions of Land from the District in question have
been made during the last 9 years, must necessarily have put me in a much worse
situation than that, in which I should have been, had Sir Ralph Darling complied
with my application in 1828 to say nothing of the loss of time. — R.D.
[Enclosure No. 2.1
Sir George Grey to Mr. R. Dawson.
Sir, Colonial Office, 14 September, 1S37.
I am directed by Lord Glenelg to acknowledge the receipt
of your letter and its enclosures of the 22nd July, and to acquaint
you in reply that, in the absence of any Report from the Governor
of New South Wales on the subject of your claim to Land, his
Lordship could not venture to over-rule the decision adopted by
that officer with the advice of the Executive Council of the Colony.
Lord Glenelg would however remark that the question in debate
wod. appear to be in a very narrow compass. The real enquiry is
the extent of the Grant, to which you were entitled in 1828 on
account of the available which you at that time possessed in New
South Wales. To ascertain the nature and to estimate the value
of that Capital after the lapse of so many years would appear to
have been regarded by the Council as difficult if not impossible.
They therefore selected as the best possible criterion the extent of
the claims made by yourself in the year 1S28. assuming that you
would not have limited your application to a less amount of Land
than your capital entitled you to expect. To this it is in effect
answered that the demand was made for a smaller quantity than
the regulations would have authorized, because your immediate
object was to obtain your grant in a peculiarly advantageous
locality, and that therefore, wdien you now seek only Land of aver-
age value, it is unjust to try your pretensions by the test which has
been applied to them.
Without prejudicing the question which will be raised on the
Governor's Report of the case, Lord Glenelg would observe that, if
your capital entitled you to a maximum grant, it is not very clear,
even on your own explanation, why you demanded a smaller quan-
tity, unless indeed it. can be shewn the general custom and under-
standing that applicants, who obtained and sought for select and
favourable situations, were expected to submit to a reduction in the
GLENELG TO GIPPS. 139
quantity as a set off against the quality of their Lands. In the case 1837.
of Town or Suburban allotments, an understanding or usage of this 20 Oct.
kind certainly appears to have prevailed. But, of its prevalence in
reference to rural Districts, Lord Glenelg has no information.
His Lordship must therefore await the Report, which it is to be
presumed that the Governor will make of the grounds of the un-
favourable decision of the Executive Council. I have. &c,
Geo. Grey.
[Enclosure No. 3.]
Mr. R. Dawsox to Lord Glenelg.
My Lord. Sandwell, near Birmingham, 17 October, 1S37.
I have had the honor of receiving your Lordship's letter of Letter
the 14th of September, acquainting me that the Governor of New acknowledged.
South Wales had not made any Report to you upon the subject of
my claim to a Maximum Grant of Land in that Colony, and that,
in the absence of such report, your Lordship could not decide upon
the Justice or not of that claim upon grounds stated by me in my
Letter to your Lordship of 22nd July last.
In the absence of Sir Richd. Rourkc's Report, I beg to call to your
Lordship's recollection that part of your Letter* to me of the
16th September. 1835, in which you informed me "that you would Previous
direct Govr. Sir Richard Bourke to investigate the circumstances, decision
which had led to the refusal to grant the land, and with further on claim-
instructions, if it shall appear that there were no valid and sub-
stantial reasons for considering you disqualified from receiving
the Land, to make to you such a Grant as you would at that time
have been entitled to in consideration of your capital, subject in
other respects to the regulations then in force ; and. if the Governor
should have reason to consider that you were in any degree dis-
qualified from enjoying such advantage, he will be directed to report
the grounds of such opinion for the consideration of the Secretary
of State."
The result of Sir Richard Bourke's investigation has proved that
I was not disqualified for receiving a Grant of Land wdien I
applied for it to Governor Sir Ralph Darling in 1828, and that, in Land
pursuance of your Lordship's directions. Governor Sir Richd. granted by
Bourke made to me in 1836 a Grant of 1.260 Acres. No reasons, as Sir R- Bourke-
I have before stated, were ever assigned for Sir Ralph Darling's
refusal to me of a Grant in 1828 : and it has been since shewn, by
the Grant made to me by Sir Richard Bourke, that no valid and
substantial reasons existed to justify such refusal.
Without prejudice to the question as to the proofs I have adduced
of my claim in 1828 to a maximum Grant of 2.560 acres, I am sure
your Lordship must admit that I have been severely injured by the
delay in granting me that to which it has since been admitted by
the Governor that I was entitled under the then existing regulations.
All I would ask then is to be placed in the situation in which I Alternative
stood, when Governor Sir Ralph Darling unjustly refused me a proposals for
Grant in 1828, that is. either to give me the sections I then asked
for, and to which it is now admitted I was entitled, or to make
me such a Grant as will in some degree compensate me for the loss
I have sustained.
Without entering upon the question of time which has been lost
to me in the occupation of my Grant, and the advantages T should
have derived by the possession of it during nine years. I would
* Note 40.
settlement.
110
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
26 Oct.
Bequest for
compensation
for delay.
respectfully point out to your Lordship that there is a very great
difference of value both as to locality and quality between the
Land, asked for and unjustly refused to ine in 1828, and that which
I have now been compelled to select in a very circumscribed and
almost exhausted District in 1S3<> after a lapse of nine years, during
which every section of Land available either for Agriculture or
Sheep has been selected from it. I am therefore induced to hope
that your Lordship will kindly take this to me important circum-
stance into consideration, and be induced to order that I may have
a further Grant made to me of 1,260 acres, which would make the
two Grants a maximum one, upon the ground (if upon no other)
that I have a fair and reasonable claim to some consideration for
the deprivation which I have so long and so unjustly suffered, and
that your Lordship will also be kind enough to allow me to select
the Land in any District that may now be open for location in
order that I may have the means, which I should be deprived of if
restricted to the District open in 1828, of selecting Land upon which
I could depasture my Flocks.
I hope your Lordship will excuse me for troubling you so often
upon an affair, the recollection of which has long preyed upon my
mind as one of extreme injustice done me by Sir Ralph Darling and
your Lordship's predecessor in office, and in the anxious hope that
I may be favored with a favourable reply. I am. Ac,
Robert Dawson.
Proposal for
allowance
to wife by
W. Foster.
Non-receipt of
remittance by
M. A. Foster.
Lord Glenelg to Sir George Gipps.
(Despatch No. 16, per ship Emma Eugenia; acknowledged by
Sir George Gipps, 27th August, 1838.)
Sir, Downing Street, 26 October, 1837.
On the receipt of Sir Richard Bourke's Despatch No. 83
of the 1st of August, 1836, I communicated to the Wife of Mr.
W. Forster a copy of the Letter addressed to Sir R. Bourke's
Private Secretary by that Officer, in which he expressed his
readiness to pay the half of his Salary Monthly into the hands
of any Public Officer, whom the Governor should think proper to
name in order that it might be appropriated to the use of his
Family in this Country. Sir R. Bourke further reported that he
saw no reason to doubt the truth of Mr. Forster's statements;
that he did not think it likely, from what he knew of that
officer's character, that he would in future withhold from his
family such aid as his circumstances would allow; and that
for that reason he did not feel it necessary to enforce by any
act of authority the offer which Mr. Forster had made, unless he
should receive Instructions to that Effect.
I now enclose a Copy of a further Letter, which I have received
from Mrs. Forster, in which she represents that she has not yet
had any assistance from her Husband. In consequence of the
favourable opinion expressed of Mr. Forster by Sir R. Bourke and
the Conviction which he has stated as to the willingness of that
Officer to do all in his power for the maintenance of his Family,
BOURKE TO GLENELG. 141
I have hesitated to direct a Compliance with his Wife's applica- 2*$&t
tion for the apportionment of a part of her Husband's income for
her immediate relief in the hope that he has already acted on his
promise, and that she will soon receive some remittance from him.
If, however, that should unfortunately not have been the case, instructions
you will intimate to Mr. Forster that I cannot permit his con- u
tinuance in the Public Service unless he shall punctually fulfil
so obvious and imperative a duty; and you will take measures
for having such portion of his Official Income as he may be able
to appropriate to the maintenance of his Family regularly re-
mitted through the Colonial Agent, if such a course should
appear to you to be necessary in order to ensure its punctual
payment. I have, &c,
Glenelg.
[Enclosure.]
Mrs. Foster to Lord Glenelg.
My Lord. Leicester. 8 Octr.. 1S3T.
I hope you will excuse the liberty I am taking in again Request by
addressing you. in Deer., 1835. I directed a letter to yr. Lordship M.A.Foster
concerning my Husband. Mr. Win. Foster, who is now Super- f°om salary*
intendent of Convicts at Sydney. X. S. Wales, which you was kind of w. Foster.
eno' to forward to the Governor there, and a reply was reed, from
my husband to that officer on the subject. In it. my husband inti-
mated that, if i I.I], wd. be pleased, he slid, be most happy to pay the
half of his Pay Monthly into the hands of any public Officer H.E.
would name, for the purpose of being paid to me in England; the
last letter I reed, from him was dated March. 1836, and it is now
more than three years since I reed, any money from him. and during
that time I have been obliged to contract debts which it is not in my
power- to pay. My object, in again troubling Your Lordship, is to
request that some portion of my husband's Income might be appro-
priated to us. according to his promise, and save us from the
degrading necessity of asking loans from friends. My Lord your
Early and favorable attention to this my importunate request will
for ever be remembered with the deepest Gratitude.
Mary Ann Foster.
acknowledged.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 104, per ship North Briton.)
My Lord, Government House, 28 October, 1837. 28 Oct.
I have the honor to acknowledge the receipt of Your Lord- Despatch
ship's despatch of the 21st June last announcing the lamented
death of His late Most Gracious Majesty King William the fourth
and the accession of Her present Majesty Queen Victoria.
I lost no time in carrying Your Lordship's Instructions into Proclamation
effect, and have the honor to state that her Majesty the Queen h?" Queen °f
was proclaimed* yesterday in Sydney amidst the acclamations of victoria.
a large concourse of People assembled on the occasion.
* Note 47.
us
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
28 Oct.
Warrants
received.
I have further to acknowledge your Lordship's despatch of the
23rd June last, containing her Majesty's Warrants in Council
for continuing the use of the Public Seal of the Colony, and for
making the required alterations in the Liturgy of the Church of
England, and have given the necessary Instructions accordingly.
I have, &c,
Richd. Bourke.
31 Oct.
Despatch
acknowledged.
Appointment of
steward and
matron for
lunatic asylum.
Charges for
patients in
asylum.
Approval of
salaries for
steward and
matron.
Lord Glenelg to Sir George Gipps.
(Despatch No. 18, per ship Emma Eugenia; acknowledged by
Sir George Gipps, 24th August, 1838.)
Sir, Downing Street, 31 October, 1837.
I have received your Predecessor's Despatch No. 21 of the
24th of April last, suggesting that a Steward and Matron should
be sent out from, this Country to take charge of the Lunatic
Asylum,* which has lately been completed in New South Wales.
I have appointed Mr. Joseph Digby and his Wife to act in
those respective capacities. They have for some years been
employed under the inspection of Dr. Sutherland, Physician to
St. Luke's Hospital, who has borne high testimony as to their
capacity for the service which they are about to undertake. Mr.
Digby will receive a Salary of Two Hundred Pounds per Annum
and his Wife One hundred Pounds per Annum in the Capacity of
Matron; and they will be entitled to Half Salary from the date
of their Embarkation according to the general rule.
I enclose for your information a copy of a letter from the
Secretary to the Treasury conveying the sanction of the Lords
Commissioners to these appointments ; and I have to request your
attention, as far as may be practicable, to their Lordships' sug-
gestions as to the method to be observed for separating the charges
to be incurred on account of the Inmates of this Institution, who
may not be of the Class of Convicts from the cost arising from
the reception of Convict Patients. I have applied to the Metro-
politan Commissioners of Lunacy for any rules and Regulations,
which may serve to assist you in introducing an efficient system
of management into this Establishment. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to LTnder Secretary Stephen.
Sir, Treasury Chambers, 21 Octr., 1837.
The Lords Commrs. of H.M. Treasury having had under their
consideration your letter dated 4th Inst., conveying the opinion of
Ld. Glenelg that a Steward and Matron shd. be sent out from this
country to take charge of the Lunatic Asylum, which has been
lately built in NewT South Wales, the former with a Salary of £200
and the latter of £100 per anm., I am commanded by their Lordships
* Note 27.
BOURKE TO GLENELG. 143
to request you will state to Lord Glenelg that my Lords do not 1837.
object to the rates of Salary it is proposed to assign to the si Oct.
Steward and the Matron, selected for the care of the Lunatic
Asylum at N. S. Wales, and are prepared to provide for any portion
Of the Expenditure on Account Of this Estabt., which may be con-
sidered to attach to the Convicts received therein; but that it Proposals re
appears to my Lords that any Expenditure attaching to the recep- expenditure
tien of other inmates into the Asylum ought to be defrayed in the on Patlents »
case of Paupers by the Colony, and in other cases by Individuals
or their Friends, and that Provision shcL be made for this purpose
in the Regulations relating to the Institution.
I am further directed to request that you will observe to
Ld. Glenelg that my Lords, having been thus called upon to concur
in the Establishment of an Institution of so peculiar a nature, and.
being convinced that Lord Glenelg will be most anxious that all
arrangements relating to it slid, be most carefully considered, can- and re
not but suggest to his Ldship. the expediency of providing for the ™/™j?f™ent
separation of the Convict Lunatics from those of other Classes of
the Colonial Community, and also of providing for the supervision
and frequent visitation of the Estabt. by a Committee of Super-
intendence, Consisting not only of Medical Officers but likewise of
Civil officers and other Parties associated with them. With refer-
ence to these or any other regulations relating to this Estabt, my
Lords presume that Ld. Glenelg will Communicate with the Metro-
politan Commissioners of Lunacy. I am, &c,
A. Y. Spearman.
of asylum.
Sir Richard Bourke to Lord Glexelg.
(Despatch No. 105, per ship North Briton; acknowledged by
lord Glenelg, 7th August, 1S38.)
My Lord, Government House, 1st November, 1837. i Nov.
Adverting to Your Lordship's despatch of the 31st July,
1836, No. 180, and its enclosures upon the subject of Claims to Notice re
additional Grants of Land, I have the honor to transmit a printed ^^0^
copy of a Notice issued by this Government on the 27th June last land grants
in pursuance of the Instructions contained in that despatch.
Lender this Notice several applications have been made for
additional Grants, some of which have been sent to the Commis-
sioners for investigation and some have been rejected. Amongst
the last is an application from Major Lockyer, formerly in the Refusal of
57th Eegiment of Foot, a copy of which I have the honor to trans- fr0mCatl0n
mit with the Colonial Secretary's reply. Major Lockyer's claim E- Lockyer.
has been refused for the reason that, having arrived in the Colony
with his Regiment in 1825, he cannot have emigrated on the
faith of the Regulations* of April, 1826, or April, 1827.
It is stated however by this gentleman that he sold his Com- claims by
mission and retired from His Majesty's Service to settle in the as mmtar.v
Colony under the inducements held out by those Regulations, settler-
which he considered to be extended by the General Order issued
from the Horse Guards on the 8th June, 1826 (No. 434), for
* Note 48.
144 HISTORICAL RECORDS OF AUSTRALIA.
1SS7. encouraging" officers of the army to settle in the Colony. After
specifying the particular advantages offered to Military Settlers,
the Order proceeds to state that, in other respects, the conditions,
on which the Grants are made to them, are to be " similar to
those which are now in operation in New South Wales with cer-
tain modifications, respecting which the officers, who may be dis-
posed to avail themselves of this arrangement, will receive in-
Concessions to formation at the Colonial Department." I am not aware that
SappScabie efS these modifications had any reference to the subject of additional
to additional Grants. So far as I am able to judge from the documents to
which I have had access, they would seem to refer to the Bond
to be given for residence during seven years, and the restrictions
upon the sale of the Land until a certain amount of Capital had
been first expended, which particulars were afterwards added in
the General Order of the 16th May, 1827 (No. 453). I am
therefore disposed to think that, with respect to additional
Grants, it was intended to place Military Settlers on the same
footing as Civilians. Several officers besides Major Lockyer have
Application of received Land under the terms of the above General Order upon
officers retiring disposing of their Commissions after arriving with their Regi-
m colony. ments in this Colony ; and it does not appear unreasonable to
consider their retirement from the Army as equivalent to emi-
grating from England on the faith of the Regulations. As how-
ever Your Lordship's despatch of the 31st July, 1836, does not
appear to have anticipated any other Claims than those of Per-
sons actually leaving England on the faith of the General Regula-
tions of the years 1826 and 1827, I have thought it proper to
refer the point to Your Lordship for decision.
claims expected I ought not, however, to submit the case of Military officers
forTddmorud thus circumstanced without observing that a great many claims
grants. 0f a similar character may and will be put forth by Civilians
representing that, although they may not originally have left
England on the faith of the particular regulations which held
out the prospect of additional Grants, yet that, having received
Land in the Colony while those Regulations were in force, they
considered themselves as receiving such Land upon precisely the
same terms as those Persons, who received a Copy of the Regula-
tions in Downing Street before leaving England. Should Your
Lordship decide in favor of the claim of Major Lockyer now
transmitted, an effort will naturally be made by the Civilians I
have mentioned to bring their claims within the principle of
such decision. It will be necessary therefore that the Rule to be
acted on with regard to the latter should be fully and finally
settled together with the former. Some few Claims of this
description have been already made and answered by informing
BOUBKE TO GLENELG. 145
tike Applicants that, as they did not leave England on the faith 1837.
of the Regulations, they do not come within the Notice issued by
direction oi' His Majesty's Government. Although some of these
Persons might possibly succeed in establishing that they have Difficulty
taken steps materially affecting their personal interests in expec- SJJJJrjT"
tat ion of obtaining the benefit of the Regulations, yet the diffi- civilians.
culty and embarrassment, which would result to the Government
by admitting evidence of Miscellaneous private transactions of
this nature, would be very great indeed, and the satisfactory
completion of the enquiries, which would thence arise, almost
if not altogether impossible. With regard to Military officers, Effect of sale
the sale of the Commission is a tangible fact which relieves the ^^h^ary10"3
case of all difficnlty; and, when it is added that such sale was officers,
sanctioned by His Majesty's Government for the special purpose
of settling in the Colony, it forms a sufficiently prominent dis-
tinction to render a decision in favor of such a claim as that of
Major Lockyer compatible with a continued rejection of the
others to which I have referred.
After this explanation of each of the cases nowr referred to, I
have only in conclusion to submit them for Your Lordship's con-
sideration and Commands. I have, &c,
Richd. Bourke.
[Enclosure A.]
[This was a copy of the issue of the " New KouJh Wales Govern-
ment Gazette," dated 28th June, 1837.]
[Enclosure B.]
Major Lockyer to Colonial Secretary Thomson.
Sir, Ermington, 18 July, 1837.
In compliance with the Government notice of the 27th June Application by
last. I beg leave to submit my claim for an additional Grant of land. E. Lockyer for
Having Settled in the Colony under the regulations of April, 1826. fand^rant.
and April, 1827. and retired from His Majesty's Service and settled
in the Colony by the inducements held out by the then existing
regulations, and obtained as a primary Grant from the Government
in the year 1827 2,560 acres of land, and am prepared to shew that
I have fulfilled the conditions upon which the said Grant was
obtained.
I have therefore to request that His Excellency the Governor wrll
be pleased to allow my Application to be submitted to the Commis-
sioners of Claims.
I arrived in the Colony as a Major in the 57th Regiment of foot
in April, 1825. I retired in 1827 and obtained my Grant in the same
year, and have been in possession ever since. I have improved the
same by Building, fencing, and clearing to more than five times its
original value. I have also purchased of the Government 3,635 acres
of land and paid for the same. I am prepared to prove, when
called on. that I have sufficient means to improve and cultivate an
additional Grant. I have, &c„
[Unsigned.]
Seb. I. Vol. XIX— K
146
HISTOEICAL RECOKDS OF AUSTRALIA.
1837.
1 Nov.
Application
be referred
to secretary
of state.
[Enclosure C]
Colonial Secretary Thomson to Major Lockyer.
Colonial Secretary's Office,
Sir. Sydney, 10th October, 1837.
I duly received and submitted to the Governor your letter of
the 18th July, claiming an additional Grant of land under notice of
27th June last, and in reply am directed by the Governor to inform
you that, as it appears you did not come out to this Colony on the
faith of the regulations of April, 1826 (having arrived in the
Colony in 1825), His Excellency cannot transmit your application
to the Commissioners, considering himself bound, in adjusting such
claims as you have preferred, to pay strict attention to the condi-
tions imposed by the Secretary of State, amongst which that above
referred to is the most prominent.
But there are several circumstances in your case, in common with
those of other Military Officers, which His Excellency thinks deserv-
ing of the most favorable consideration, and which he proposes on
this account to bring under the notice of the Secretary of State
by the first convenient opportunity. I have, &c,
E. Deas Thomson.
3 Nov.
Application by
J. Raymond for
land grant.
Origin of
application.
Special
circumstances
re claim of
J. Raymond.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 107, per ship North Briton; acknowledged by
lord Glenelg, 16th July, 1838.)
My Lord, Government House, 3 November, 1837.
In the accompanying- Letter from Mr. James Raymond,
the Post Master General of this Colony, preferring a claim on
behalf of himself and Sons to Land without purchase, I am
requested if unable to comply with it myself to submit it for
your Lordship's consideration. I have therefore to observe that
Mr. Raymond's is one of many claims, of which the revival at
the present moment is suggested by the steps taken by His late
Majesty's Government to fulfil the expectations of additional
Land held out to those who received their original Grants under
the Regulations of 1826 and 1827. Many claims, supposed by
Parties interested to be obsolete, being thus successfully re-
newed, it is natural that other dormant claims should again be
brought forward, although not comprised within the same class.
Unable to comply with the others, I am equally unable to enter-
tain that of Mr. Raymond; but I understand this gentleman had
some correspondence* with your Lordship's Department previ-
ously to his emigration in 1825 relating to some peculiar circum-
stances, which may distinguish his case from that of an ordinary
settler, and thus possibly enable your Lordship to give a favor-
able reception to his present application without establishing a
precedent for other cases. I am therefore induced to forward his
Letter, and I am bound in so doing to state that, so far as Mr.
Raymond's personal character and circumstances can affect the
Note 49.
BOURKE TO GLENELG. 147
oase submitted, he is fully entitled to the most favorable con- 1S37.
sideration. He lias proved himself a very zealous and meritorious _. '
Public officer, and has a very numerous family of Sons and Testimony in
Daughters, some of whom arc married and have families of j. Raymond.
their own, and all of whom are either actually settled or likely
to settle in the Colony and to prove very useful members of its
society. 1 have, &c, «.
RlCHD. BOURKE.
[Enclosure.]
Mi;. .1. Ku \io\n to Sir Richard Bouree.
Sir, Sydney. New South Wales, 30th October, 1837.
I do myself the honor to enclose the accompanying copy of Application by
the summary of the Rules* for regulating the granting of land in addidonaind f°r
this colony, which was handed to me at the Colonial Office, Downing fand grant.
Street, in the year 1825, under the assurance that both myself and
Family would be entitled to land on the conditions therein set
forth.'
On leaving England. I made arrangements for the transfer of my
property to this Colony to enable me to establish my claim to Land
under these regulations; but unforseen Legal difficulties delayed
the completion of those arrangements and thus prevented me from
claiming a fulfilment of the promises held out in the enclosed
documents.
As however I made my arrangements to emigrate partly on the
faith of those promises, and as the recent notice relating to
secondary grants pledges the Government to adhere to the stipula-
tions of granting land to Emigrate under those regulations, I feel
assured that my claim to the land promised me in Downing Street
will be admitted, when the circumstances, which have hitherto pre-
vented my claiming a fulfilment of that promise, are considered.
The Revocation of the enclosed Regulations could not be antici-
pated by me. nor can such revocation, I respectfuly submit, have
the retrospective effect of cancelling my claim, especially as no
time is stipulated thereon for preferring it ; and that such is the
opinion of my Lord Glenelg appears by his Lordship's having re-
cently admitted the claim of an Individual to a grant of Land under
precisely similar circumstances to those under which this applica-
tion is preferred. I may also refer to the case of a Civil Officer,
whose sons, having been promised grants of Land under the regula-
tions in question when eligible, are nowT considered entitled to the
same, and, as the public faith was I submit equally pledged to
myself and sons, I hope the liberal policy which prevailed in the
instance alluded to will be extended to this claim.
These circumstances and the fact of the Chaplains of the Colony
having very lately been allowed compensation for Land, which they
and their Families claimed under Regulations formerly existing in
their favor, but revoked at the same time as those under which I
make this claim, induce me to hope that my present application will
not be in vain.
I arrived in the Colony in 1826 with a family 13 in number, which
I conceive gives me a more than ordinary claim under regulations
expressly framed for the encouragement of emigration, besides the
peculiar circumstances of my emigrating under the auspices of Gov-
ernment, in consequence of Losses sustained, and grants of Land to
*Note 48.
148
HISTORICAL RECORDS OF AUSTRALIA.
1837.
3 Nov
Affidavit by
J. Raymond.
4 Nov.
Despatch
acknowledged.
Approval of
grants "or
religious
purposes.
Stipends of
Presbyterian
clergy.
Amount of
stipends fixed
by church act.
myself and Sons when eligible being promised as an inducement
in addition to public employment, which I have held since my
arrival at very inadequate remuneration, will I hope entitle this
application to your Excellency's kind consideration, and, if sub-
mitted to the Secretary of State, to your Excellency's favorable
recommendation. I have, &c,
James Raymond.
[Sub-enclosure.]
Affidavit.
James Raymond of Sydney in the Colony of New South Wales,
Esquire, maketh Oath and saith. that the annexed copy of the
" summary of the Rules, which His Majesty's Government thought
fit to lay down for regulating the grants of Land in (this) Colony"'
dated November, 1824, was handed to him at the Colonial Office in
Downing Street, London, with an assurance that himself and sons
would be entitled to grants of Land on the terms therein set forth.
Jas. Raymond.
Sworn before me, this 30th October, 1837. — R. Campbell, J.P.
Sir Eichard Bourke to Lord Glenelg.
(Despatch No. 108, per ship North Briton.)
My Lord, Government House, 4 November, 1837.
I have the honor to acknowledge the receipt of your Lord-
ship's despatch of the 30th April, 1837, No. 307.
In reply to that portion of it which treats of the measures
adopted here for giving effect to the arrangements I had the
honor to propose, and which were sanctioned by His Majesty's
Government, for making more ample provision for the erection
of Churches and Chapels, and the maintenance of Ministers of
Religion in New South Wales, I have to express the great satis-
faction I have experienced at finding those measures have
obtained your Lordship's approbation.
With respect to the difference, which your Lordship has noticed
upon the Estimate for 1837 between the Stipends of Presbyterian
Ministers and the Clergy of the Churches of England and Rome,
I have to observe that it no longer exists. In the last Session of
Council, I proposed to advance to £150 per annum the stipends of
those Presbyterian Ministers, whose appointment took place prior
to the passing of the Church Act, 7 W. 4, No. 3. This augmen-
tation commenced with the 1st January last. Their Stipends
had been originally fixed by the Secretary of State at £100 a
year only, and conditional on their receiving an equal sum from
their congregations. From this condition, to which neither the
Clergy of the Churches of England or of Rome of the same date
of appointment had been subjected, they have now been relieved.
Your Lordship in the despatch observes also upon the amount
of stipend to be granted to a Minister under the Church
Act above referred to, conceiving it to be too small, and an
BOUKKE TO GLENELG. 149
apprehension is expressed that the low rate will discourage 1S37.
clergymen of character from making this Colony the place of
their spiritual labors. Judging from present appearances this
apprehension does not seem to be wellfounded. Ministers of the Arrivals
Church of England are arriving in numbers fully sufficient to ° clersr3r"
answer the call of Congregations of their Communion, and those
•of the Church of Scotland are rather in excess. Additional
Clergymen of the Church of Rome are immediately expected.
One of the principal objects of the Church Act being to add Reasons for
largely to the numbers of the Working Clergy throughout this Sp^dsftxed
extensive Colony, it was deemed advisable not to impose on the by church act.
State any greater burden for the support of each than was abso-
lutely necessary for his decent livelihood. It has been left to the
kindness and consideration of their congregations to add to
their stipends and to the comfort of their Pastors, where it
might seem expedient. This duty is now, as I understand, in
some cases discharged towards their Clergy by Members of the
Churches of Scotland and of Rome. Congregations of the Church
•of England are relieved from this obligation by the large Sti-
pends still payable to several Chaplains, appointed whilst the old
regulation was in force, and by donations made by the Society
for the propagation of the Gospel in Foreign Parts to the Chap-
lains of recent appointment. To each of these the sum of £150
is allowed to assist them in settling on their cures, and an annual
.Stipend of £50 is added to that paid by the Colonial Treasury.
In some cases, Clergymen of the Churches of England and Rome
Teceive small annual payments for attending Prisons and Hos-
pitals, and some of the former have Glebes. Upon the whole,
therefore, it may not be expedient to add to the Stipends fixed
by the Act lest the permanency of the arrangement be endan-
gered by rendering it too burdensome.
With respect to the extent of free sittings, upon which Your Free sittings
Lordship also observes, I must state that it was in deference to lnc urches-
the opinion of the Legislative Council I consented to reduce the
proportion from one fourth to one sixth. I believe, however,
that no practical inconvenience will be felt from the reduction.
Bills,"' of which I transmit Copies, have been passed this year for Acts re
regulating the temporal affairs of the Churches, both of England aSrsof
and Scotland, within the Colony, and, by the power given to the churches.
Trustees and Church Wardens, the letting of Pews and single
sittings will, I have reason to believe, be so regulated as to obtain
a sufficient income for the purposes of the Church without any
injurious limitation of the indulgence of free seats.
I have, &c,
RlCHD. BoiJRKE.
* Note 50.
150
HISTOEICAL RECORDS OF AUSTRALIA.
1837.
5 Nov.
Despatch
acknowledged
re penal
settlements.
Reasons for
reduction
of penal
establishment
at Moreton bay,
Improved
conditions at '
Moreton bay.
Convicts at
Moreton bay.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 109, per ship North Briton.)
My Lord, Government House, 5th November, 1837.
By Your Lordship's Despatch of the 26th December, 1835^
I was desired to give effect to the reduction which has long been
contemplated of the Penal Establishment at Moreton Bay. In
the same despatch, your Lordship proceeds to express a doubt as
to the expediency of maintaining a Penal Settlement of the kind,
desiring a Report from me, First, as to the moral effect produced
by banishment to Norfolk Island on the individuals confined
there, and secondly, on the effect of the punishment as a pre-
ventative of crime in the Colony. ,
I have been unwilling to answer your Lordship's despatch
without furnishing such statements and observations on the
important questions it involves, as may enable your Lordship to
determine upon the course to be pursued hereafter with respect
to these Establishments. The great difficulty of the subject will,
I trust, plead my excuse for so long a delay, and for the embar-
rassment I still feel regarding some of the points which the
despatch has led me to consider.
With regard to Moreton Bay, I have been led to desire its
reduction, and to retain but one Penal Establishment for the
whole Colony, with a view to diminish expenses of management,
to lessen the dispersion of the troops, and to place the Convicts-
in greater security on Norfolk Island than I found them at
Moreton Bay. These motives to its abandonment, and the trans-
fer of the Prisoners to Norfolk Island, are still in force though
not in the same degree as formerly. Escapes by land from
Moreton Bay, which were frequent at the time of my arrival,
have since almost wholly ceased. None but offenders under
short sentences, who are generally not disposed to run, are now
sent there, and encouragement is offered to the Aboriginal
Natives to look out for runaways and apprehend and bring them
back to the Settlement, a duty they have occasionally performed!
with great spirit and cleverness.
Expense has been to some extent diminished by the success
which has attended the cultivation of grain on the settlement,
a large supply of food being now annually raised at Moreton Bay
for the consumption of the convicts detained there, and admitting
of annual exportation to Norfolk Island or Sydney. The number
of convicts at this settlement has been reduced from 800 in the
year 1832 to 300 in 1837, and the Military Guard has been conse-
quently diminished. In this state of the Settlement, I have
felt less anxiety for its reduction than formerly, whilst at the
same time other considerations of some weight have delayed
BOUBKE TO GLENELG. 151
the proposed abandonment. Great difficulty presented itself in 1837.
the disposal of the Convict Women, who have hitherto been ov"
exclusively senl to Moreton Bay, when sentenced in the Colony Reasonsfor
to transportation for a second offence. Their removal to Norfolk removal of
Island would call for additional buildings and for new arrange- mTntfiSn!'
incuts, and incur consequent expense. Another consideration Moreton bay.
connected with the removal of the Penal Settlement from More-
ton Bay is the question that would immediately follow as to the
propriety of its being thrown open to settlers, and as to the means
by which the Government of the Settlement when free should be
carried on. All the difficulties, which are gradually giving way
at Port Phillip, would be encountered over again at Moreton
Bay; and, although I have little doubt that the sale of land
will equally supply at Moreton Bay, as at Port Phillip, the means
of maintaining the necessary Civil Establishment, its commence-
ment is a labor and responsibility not to be lightly undertaken at
a time when so many other essential matters are demanding the
attention of the local Government. On these accounts, the reduc-
tion of the Penal Establishment at Moreton Bay has been delayed,
though I would still recommend its being effected by the earliest
favorable opportunity.
With regard to Norfolk Island, I have the honor to enclose four Reports re
documents, which contain much useful information. atNorfolk*"6"1
1st. Observations by the Right Rev. Dr. Polding, the Roman island-
Catholic Bishop officiating in this Colony, on the two questions
put by your Lordship as to the effect of banishment to that Penal
Settlement on the Criminals themselves and on others.
2nd. Observations of the Rev. H. T. Stiles, the Chaplain of
Windsor in this Colony, who has twice visited the Island.
3rd. A letter from Deputy Assistant Commissary General
Kent, who was for some time stationed at Norfolk Island, with
the Report of the Commandant, Major Anderson, on the several
particulars therein contained.
4th. A letter from Deputy Assistant Commissary General
Arnold, who succeeded Mr. Kent in charge of the Commissariat
of the Island.
With regard to the first of your Lordship's questions, the moral Want of moral
effect of banishment to Norfolk Island on the individuals con- banShment to
fined there, I lament to say that, judging from other sources of Norfolk island,
information, as well as from a careful consideration of the state-
ments now transmitted, I am led to believe that, in the great
majority of cases, no real reformation of heart is efficiently as-
sisted by the system of management pursued there. Both Mr.
Polding and Mr. Stiles point out the principal defects: The
152
HISTOEICAL RECORDS OF AUSTRALIA.
1837.
5 Nov.
Inability to
remedy defects
in system at
Norfolk island.
Improvement
in conduct
of convicts.
Value of
banishment to
Norfolk island
in preventing
crime.
length of sentence which shnts out hope; improper association by
the congregation of too many persons in large gangs and rooms ;
but, chiefly, the want of sufficient religious and moral instruction.
If it be asked why have not these imperfections been remedied,
I would reply that the records of your Lordship's department con-
tain ample evidence of the anxiety of this Government to supply
appropriate religious instruction, but unhappily up to the present
time continual difficulties have interfered with the attainment of
this much desired object. The length of sentence (if it be
admitted as an evil) is an error of the Law, more especially of
certain of the Acts of the Imperial Parliament, which condemn
cattle stealers and some other criminals to transportation for life,
without leaving any power to the Court to lessen the period in
cases where such a discretion might be exercised with advantage
to the criminal and the public. The defects in the buildings used
by the prisoners might be remedied at a large expense, and would
have been undertaken if the transportation system, as it is called,
had been considered permanent. But almost every year of the
last six has brought some rumour of intended changes, and of
the probability of the cessation or great diminution of trans-
portation to these Colonies. In a gaol which is now building on
the Island, more than one hundred single cells are provided, and
more can and ought to be added, if no change of system takes
place. In the last four years indeed, the conduct of the criminals
on Norfolk Island (now above one thousand in number) has
been remarkably quiet and orderly, whilst considerably increased
labor has been exacted. I attribute the tranquillity chiefly to the
humane but firm and vigilant superintendence of the present
Commandant, Major Anderson, of the 50th Regiment, but in a
great measure also to the power * obtained about three years ago
of trying capital offences on the Island. Much of the atrocious
crime, which I found to prevail on my arrival in 1832, has its
origin in the hope the criminal entertained of being taken to
Sydney for trial, and with him a host of witnesses for the prose-
cution and defence. The chance of escape on leaving the Island
for the place of trial, and the desire of changing the scene, led
to many enormities. They have been almost entirely stopped by
the measure in question, and but one special commission has been
sent to Norfolk Island since the Act passed.
With regard to the second question, its operation in prevent-
ing crime in New South Wales, Dr. Polding bears testimony to
the dread of transportation felt by the Convict population of
this Colony, while Mr. Stiles is inclined on the other hand to
attribute very little influence to this feeling as a preventative of
crime. I believe the true state of the case to be that, in +his
Note 51.
BOURKE TO GLENELG. 158
instance as in that of most other punishments, the dread of it is 1837.
greatly dependent on the temperament and circumstances of each
individual.
But whatever be the true answers to your Lordship's enquiries, Abolition of
1 would observe that to me the important question of the abolition JJ^jJ. ^u e"
of the Penal Settlement of Norfolk Island has always appeared Norfolk island
to rest principally on the solution of the ulterior enquiry. What on disposal
is to be done with the prisoners who would thereby be removed of convicts.
from the Island, and with those who would in future become
amenable to a punishment of the same degree? I have always
been anxious to reduce the Convicts consigned to Penal Settle-
ments to the lowest possible number. In furtherance of this
design, the punishment of criminals by labor in irons on the
roads of the Colony has been rendered much more efficient and
severe than was formerly the case, and its substitution for trans-
portation has been of late encouraged and adopted by the Judges
and Magistrates, whenever the law has allowed them a choice be-
tween the two kinds of punishment. It was also under considera-
tion of the Legislative Council at the last Session whether the
sentences of many of the convicts already there might not be
commuted for labor for given periods within the Colony. I trans-
mit, for Your Lordship's information and consideration, the
copy of a Bill which was introduced by me for this purpose, but
deferred for the present upon learning what was passing in the
last Session of the Imperial Parliament with respect to secondary
punishments, and the appointment of a Committee of the House
of Commons to consider and report upon transportation to these
Colonies. I cannot, however, but feel that, after every possible
effort has been made to substitute labor in the Colony for trans-
portation to a Penal Settlement, there will still remain a remnant
of unhappy men who cannot with propriety be restored to society.
Among these are many whose lives have been spared by the
mercy of the Crown, but with the intention that they were to be
thenceforth entirely cut off from the rest of mankind. What-
ever may be now decided with regard to these individuals, it is
evident that, if such a Penal Settlement as Norfolk Island or
some substitute for this description of secondary punishment is
no longer to be provided, many criminals will in future be left
for execution, whose sentences under existing circumstances
would be commuted to perpetual banishment.
These considerations lead me to hesitate in recommending the Proposal for
entire abolition of the Penal Settlement at Norfolk Island; but numbV^of1"
I would advise that the number of its inmates be much reduced, convicts sent to
7 .Norfolk island.
no criminals being sent there in future but those in whose cases
it is the alternative for death. Further attention might then be
154
HISTORICAL RECORDS OF AUSTRALIA.
1837.
5 Nov.
Reports re
capabilities of
Norfolk island.
Finances
of penal
settlements.
Expenditure
and revenue
at Norfolk
island and
Moreton bay.
Annual cost
of convict
in penal
settlement and
iron gang.
directed to the improvement of its character as a penitentiary by-
introducing such a system of religious and moral instruction
and such arrangements both in permanent buildings and in man-
agement as have been or shall be found most successful in such
institutions in the Mother Country or in other states. It would
be premature to enter into any detail on this subject until the
preliminary question of the continuance of the settlement and,
I may add, of transportation from the United Kingdom to this
Colony be first decided. The capabilities of Norfolk Island with
regard to buildings and public works may be in a great measure-
understood from the letter of Deputy Assistant Commissary
General Kent, and the comments of Major Anderson, which are
now transmitted.
The perusal of the last mentioned papers will lead to the con-
sideration of the question of finance, upon which I am also-
desired to report. Your Lordship will perceive that the writers
of those papers rely much on the diminution of expense by atten-
tion to breeding of cattle and extended cultivation. * The latter,
when effected by manual labor of the convicts in the use of the
spade and mattock, and by their bodily strength in drawing bur-
dens, is no doubt a proper source of profit as well as employment
in a Penal Settlement; but I would not recommend the intro-
duction of flocks and herds, nor of draught cattle, nor of any
kind of machinery of which human labor is not the moving power.
The expense of Norfolk Island with 1,200 prisoners amounted
in the last financial year, according to the Commissariat Re-
turns, to £11,166 9s. 8d. ; that of Moreton Bay with 300 prisoners
to £3,063 16s. Id., in both cases exclusive of the cost of Sea
Transport and Military. In the same year, however, Norfolk
Island should be credited with the sum of £863 15s. 5d. for grain
exported, of which wheat and flour to the value of £160 17s. 7d.
was sent to Moreton Bay, and Moreton Bay should be credited
with the sum of £1,046 lis. 10d., being the value of maize raised
in the Settlement and sold at Sydney.
With respect to the comparative expense of the two kinds of
Colonial punishments, transportation to a Penal Settlement and
labor in irons on the roads within the located parts of the Colony,
I find that, on taking together the foregoing charges for Norfolk
Island and Moreton Bay, and adding those for transport and
freight by sea to these places, the cost for each criminal at a
Penal Settlement during the last financial year amounted to
nearly thirteen pounds, and that for a prisoner in an ironed gang
* In the original, there is a pencil note to the conclusion of the paragraph as fol-
lows :— " I do not concur in this."
BOURKE TO GLENELG. 155
to about seventeen. The labor of the latter, however, is expended 1887.
on works of great importance and value to the Colonists, whilst
the toil o\ the transport at a Penal Settlement at best serves but
to diminish the cost of his maintenance.
I have, &c.,
RlCHD. BOURKE.
[Enclosures.]
[Copies of tit cs< papers are not available.]
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 110. per ship North Briton: acknowledged by
lord Glenelg. 23rd August, 1838.)
My Lord, Government House, 6th Xovember, 1837. 6 Nov.
I have the honor to transmit the Report of a Committee Report by
of the Legislative Council, appointed in the last Session to en- council re
quire and report upon the state and condition of the Tunnel" for {^SSmwlJ
conducting water into Sydney, and upon the claims for further of Sydney,
remuneration of Mr. Busby, who superintended the work from
its commencement in 1827 to the 30th June last.
My object in appointing this Committee was, as on a former Object of
occasion, to call the attention of the inhabitants of Sydney to JFcwnmittee.
the great probability of the town being insufficiently provided
with water unless other means were adopted for its supply than
those upon which Mr. Busby so confidently relied. I hoped that,
by exciting public attention to so important an object of muni-
cipal arrangement, a company might be formed in Sydney to Company
undertake the supply of the town, as is the case in many cities ^Iter'supply
and towns of the United Kingdom, and the Government be re- of Sydney.
lieved from a charge which can be better administered by the
people, who are chiefly interested in the success of the under-
taking. Whether such will be the result of the late enquiry and
report, I will not venture to affirm; but it is evident from the
documents now transmitted that much remains to be done to
remove from Sydney the probability of occasional scarcity of
water. Until the arrival of Major Barney of the Royal Engi-
neers at the close of 1835, there was no person in the Colony upon Reports by
whose professional skill this Government could place any well G' Barney-
founded reliance for a satisfactory examination of the work in
progress. His late Reports have convinced me of what I before
conjectured, and it will most probably now depend upon the
employment of his professional skill and experience to effect what
Mr. Busby has certainly failed to accomplish after years of labor
and great expense.
* Note 52.
156
HISTORICAL RECORDS OF AUSTRALIA.
1837.
G Nov.
Claim by
J. Busby foi-
l-enumeration.
Another object in appointing this Committee was to place be-
fore the public in a Keport the claim of Mr. Busby to a large
remuneration for his alleged services, a claim which a consider-
able number of residents in Sydney, whose opinions are on every
account fully entitled to consideration, supported in a Memorial
addressed to me in the last year. My opinions as to the project
of Mr. Busby, and its execution to a certain point, are partly
exhibited in the despatches addressed to the Colonial Office of
the dates and numbers in the margin.* The further result of
his operations may be collected from the Report and the evidence
taken before the Committee and now transmitted. Your Lord-
ship will perceive in the concluding part of the Report the amount
of remuneration to which the Committee consider Mr. Busby
and his son to be entitled, and the grounds upon which they have
formed their opinion. I have to request the honor of your Lord-
ship's commands on the subject. I have, &c,
Richd. Bourke.
[Enclosure.]
[A copy of this report was printed in the
ings " of the legislative council.']
Votes and Proceed-
7 Nov.
Despatches
acknowledg-ed.
Super cession
of keeper and
matron at
female factory.
Sir Richard Bourke to Lord Glenelg,
(Despatch No. Ill, per ship North Briton; acknowledged by
lord Glenelg, 19th June and 9th October, 1838.)
My Lord, Government House, 7th November, 1837.
I have to acknowledge the receipt of your Lordship's des-
patches marked in the margin.-f-
I have given the necessary intimation to the keeper and matron
of the Female Factory, now in office, of the probability of their
speedy supercession, and have informed them of your Lordship's
kind wish for their future employment in some other way. I
regret that I have it not in my power to provide by any suitable
employment for either of these persons, of whose conduct at the
Factory, as in former situations under Government, I have the
greatest reason to speak in terms of the highest approbation. I
venture, therefore, respectfully to express a hope that your Lord-
ship will cause the names of Mr. and Mrs. Bell to be brought
under the favorable notice of the officer succeeding to the admin-
istration of this Government.
One of the Regulations, which I framed upon introducing a
new arrangement of the Establishment in the last year, as com-
municated in my despatch of the 10th September, 1836, No. 96,
* Marginal note.— 29 Nov., 1833, No. 0-2; 16 May, IPS*, No. 40.
f Marginal note.— 4th May, 1837, No. 311; 5th July, 1837, No. 337.
BOURKE TO GLENELG. 157
directed the attendance of the Police Magistrate of Parramatta 1837.
as the Visiting Justice of the Factory. This duty was discharged '
by the Magistrate without any additional salary until the 1st of £fp$jyJJent
July last, when finding his labor much enereased, and likely to justice to*
continue heavy, and without the relief of any Committee of ac 01>'
Ladies, I directed that an allowance of £100 a year should be
made to him, upon the Convict charge, for this extra duty. Your
Lordship may judge of what is required of the Visiting Justice
by perusing the copy of his instructions now transmitted.
I had in preparation for printing a copy of the Regulations
for the Female Factory, which T had taken some pains to put
together after having had nearly a year's experience of their
operation. The new form, which will be given to the Institution
by the appointments your Lordship has recently made, will render
many of these regulations inapplicable, and I do not therefore
encumber your Lordship with a copy. I have, &c,
RlCHD. BOURKE.
[Enclosure.]
Regulations.
Visiting Justice, 22d November. 1%7.
1st. The Office of Visiting Justice of the Female Factory will Regulations
be held by the Police Magistrate of Paramatta, who will be guided ^^eto^
in the performance of his duties by such of the Provisions of f^aie factory.
4 Geo. IV, Cap. 64. as are applicable to this particular place of
Confinement.
2d. The Visiting Justice will be debarred from having any interest
in any contract for the Factory Supplies.
3rd. He will visit the Establishment and inspect every part of it,
at the same time seeing every Prisoner at least twice in every
week. On these occasions, he will hear and determine Summarily,
under the provisions of the 3rd Win. IV. No. 3, all complaints
against Prisoners coming within his Jurisdiction, and he will also
examine the Books of the Office and of the Officers, entering his
own name in the Officers' Book on the days of his visits.
4th. In the event of any disturbance at the Factory, he will pro-
ceed forthwith to the spot, and take such steps for its suppression,
as his discretion may dictate, and as are within his jurisdiction
as a Magistrate. He is liable to be called upon and bound to attend
under any circumstances of an extraordinary Nature, where the
Keeper shall feel his authority unequal to the occasion ; and it will
be his duty to make immediate enquiry into the cause of every
death that shall take place in the Factory, in order to determine
whether an Inquest be necessary.
5th. He will receive from the Keeper the Assignment Lists, which
he will countersign ; at the same time entering upon them any
remark he may think necessary prior to their being forwarded to
the Colonial Secretary for the approval of the Governor.
6th. He is required to countersign the certificates of due attend-
ance on the part of the Officers of the Factory at the foot of the
monthly Abstract of Salaries, and without this signature the Deputy
Commissary General of Accounts will not pass the Account into
158
HISTORICAL RECORDS OF AUSTRALIA.
1837.
7 Nov.
Regulations
for visiting
justice to
female factory.
Warrant, unless by order of the Governor, through the Colonial
Secretary. If the visiting Justice thinks it necessary to with-hold
his signature, he is immediately to state his reasons to the Colonial
Secretary for the Governor information.
7th. The Visiting Justice will at the end of every month make a
full and explicit Report of the state and condition of the Factory,
the conduct and regular attendance of all the Officers, whether
Male or Female, and the treatment and behaviour of the Prisoners,
with such observations of his own, or Extracts from the Journals
of the Officers, as he shall desire to bring under the Governor
Notice.
Sth. All the correspondence of the Visiting Justice will be con-
ducted by himself, and carried on through the Colonial Secretary
for the information of the Governor.
By His Excellency's Command,
E. Deas Thomson.
10 Nov.
Transmission
of letter from
T. F. Elliot.
Notices issued
for use of
emigrants.
Omissions
from notice
re assistance
for emigrants.
Lord Glenelg to Sir George Gipps.
(Despatch No. 20, per ship Fergusson.)
Sir, Downing Street, 10 November, 1837.
I have the honor to transmit to you the copy of a letter
from the Agent General for Emigration, enclosing two Printed
Notices* on the subject of Emigration which he has prepared for
circulation.
I have signified to Mr. Elliott my approval of these Documents
and my concurrence in the explanations, which he has offered in
submitting them for my consideration. I have, &c,
Glenelg.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 28 Octr., 1837.
In consequence of the urgent demand for them, I have pre-
pared for circulation two Printed Notices, which I enclose herewith
for Ld. Glenelg's information, the one explanatory of the assistance
occasionally afforded by Govt, to Persons emigrating to N. S. Wales
or V. D. Land, the other containing such information as can be
officially supplied on Current Wages and Prices in those Colonies.
Before these Papers were printed, I submitted them to the re-
marks of Mr. James McArthur. Dr. Boyter, Dr. Brock and one or
two other gentlemen, who appeared likely to be able to point out
any deficiencies or inaccuracies in them.
In the notice respecting the assistance to Emigrants, I have felt
it more prudent not to insert the Colonial Govt, offer of employ-
ment on Public AVorks to a limited number of Trades connected with
Building. The Surgeons have authority to communicate it to
Parties whom it may really concern. But I thought to introduce it
into a notice for indiscriminate circulation, and destined perhaps
to remain in use after this Offer may be altogether withdrawn,
wd. expose the Govt, to mistakes, disappointments and doubtful
claims.
Note 53.
GLENELG TO GIPPS. 159
Tor a somewhat similar reason, I have omitted the conditional 1537.
Exception in favor of young men. It is said by the Colonial Govt. ionov.
that they may bo reed., provided do more of them be taken in any 0miss"^g'
one Ship than there arc also unmarried Women. The Surgeons from notice
will be apprized of the discretion they may exercise in this respect, re assistance
But I have abstained from publishing it without reserve in the for emigrants,
present Document, lest the selecting officer slid, be over burthened
with this class of applicants, of whom not many after all cd. be
admitted under the condition laid down, while very tow. I am
inclined to think, wd. be really desirable. They are far more
likely to breed disorders mi board than .Men accompanied by their
Wives and Children, who have so many additional restraints on
their conduct.
Still more inexpedient did I feel it to notice the permission which
in very special Cases I have proposed that the Surgeon may grant
for the embarkation of eligible families accompanied by aged Rela-
tives, provided the passage of such individuals beyond the pre-
scribed years be paid for.
These several omissions I have made from the experience that in
Public Notices it is desirable to be as sweeping and as broad as
possible, and to reserve for more direct Opportunities of Communi-
cation any-thing that is exceptional, temporary or partial. In all
other particulars than these I have mentioned, the Paper dated
20 Octr. contains a complete Statement of the Rules under which,
by Lord Glenelg's sanction, I am acting.
In the Paper on Wages and Prices, I hope it may be found that Notice re
I have taken the best precautions in my power against inaccuracies JJJJJ -^
Themselves and also against complaint of such unavoidable dis- colony.
crepancies as change of Circumstances, the different capacity of
Workmen, or the different supply of Markets may produce. With
reference to this latter Paper, I wd. suggest that the Governors be
released from the direction to furnish a Statement of the Numbers
of People required in each Trade or Calling. Sir R. Bourke, in his
despatch of 2 Jany.. 1837, states the impossibility of giving this
information in a manner to be relied on. A glance at the Tables
enclosed on that occasion will. I think, confirm Sir P. Bourke's
view. I have therefore discarded the column relating to that Point
and recommend that it slid, no longer be required. I have only in
conclusion to request that those Printed Notices, with the explana-
tions here offered, may be forwarded by an early opportunity to the
Governors of N. S. Wales and V. D. Land.
I am, &c,
Tho. Fred. Elliot.
Lord Glexelg to Sir George Gipps.
(Despatch No. 21, per ship Fergusson.)
Sir, Downing Street, 10 November, 1837
I have received your Predecessor's dispatch No. 57 of the Memorial
1st July last, enclosing a Memorial from Mr. John Weston,
praying for a Grant of Land in New South Wales together with
copies of the correspondence which has passed between the Colo-
nial Secretary and Mr. WTeston on the subject of his application.
received from
J. Weston.
160
HISTORICAL RECORDS OF AUSTRALIA.
1837.
10 Nov.
Refusal of
land grant.
In that correspondence, Sir K. Bourke formed a correct judg-
ment of my view of the case; and you will have the goodness
to acquaint Mr. Weston that, for the reasons which have been
already stated to him, I regret that it is impossible to comply
with the prayer of his Memorial. I have, &c,
Glenelg.
11 Nov.
Transmission
of lette'' from
T. F. Elliot.
Report re
failure to fill
ship with
emigrants from
Norfolk and
adjacent
counties.
Lord Glenelg to Sir George Gipps.
(Despatch No. 22, per ship Orontes.)
Sir, Downing Street, 11 November, 1837.
I have the honor to transmit for your information the
copy of a Letter and its enclosure from the Agent General for
Emigration, reporting the circumstances under which the pro-
posal to fill a Ship with Emigrants from Norfolk and the adja-
cent Counties has failed.
I have approved of Mr. Elliot's proceedings on this occasion.
I have, &c,
Glenelg.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 30th Octr., 1837.
Altho' I have not proceeded in a matter of so much import-
ance without personal communication with the Coll. Dept., it seems
proper that I slid, report in writing for Ld. Glenelg's information
the circes. under wh. the proposal to fill a ship with Emigrants
from Norfolk and the adjacent Counties has failed.
So far back as April last, notice was reed, from the Commrs. of
Poor Laws of a disposition amongst a considerable number of
people in Norfolk to Emigrate, and they recommended that the
district shd. be visited by a Surgeon who was then employed in
collecting Emigrants for N. S. Wales. The reply from Sir G. Grey
was that the People to be conveyed at that time were to embark
from a different part of the Country, but that, shd. an opportunity
occur at some future period, this representation wd. be borne in
mind.
On assuming charge of my office, I adverted to this correspond-
ence, and about the middle of June, finding that circes. wd. admit
of it, I apprized the Poor Law Commrs. that at any date after the
18th Augt., which might be convenient, a Ship cd. be allotted to the
conveyance of Emigrants from Yarmouth, and I therefore suggested
a communication with the Board of Guardians and with any Resi-
dent Gentlemen in Norfolk, who might be supposed favorable to the
enterprize, in order to learn what number of People were likely
to be willing to go.
The answer procured by the P. L. Commrs. contained lists of
37 families, consisting of more than 200 Souls, who were qualified
and willing to Emigrate ; but it was remarked that the opportunity
cd. be held out. to the People with most advantage after the Harvest.
It was accordingly postponed till that time.
GLENELG TO GIPPS. 161
In Septr. more than one enquiry was made when the promised L837.
Ship \vd. be sent to the Eastern Coast. No Apprehensions appeared lixov.
of any change in the People's views. A vessel therefore was adver- R rtre
tized for, and I>r. Brock of the R.N. was sent into the Country to t;ti|ulv ,(, nn
visit and collect the Expected Emigrants. ship with
He returned on the 14th Inst, and reported that he had seen ,N",l1'17,',il|'";1snir'lu
three families whom he cd. rely upon to embark. All the rest of adjacent
the former Candidates had retracted. He further stated that the counties.
Chairmen of Board of Guardians, whom he had met with, had reed.
him courteously, but had not concealed their indisposition towards
the Emigration of such People as alone cd. be expected for the
present undertaking, and that, altho. he was not able to say whether
a party of Emigrants might not be procurable by his own exertions.
yet unaided by resident persons of influence, if not actually opposed
by them, he cd. not hope to accomplish it within the time that was
open to him.
This was a conjecture, which required some prompt decision. In
less than a fortnight, the ship was expected to be ready for Sea.
One course wd. have been to make another Appeal to the parties
concerned, and to represent the inconveniences of thus declining
at the last moment the opportunity provided for them by the
liberality of the Colony. Seeing the serious amount at issue, there
were perhaps some considerable motives in favor of this line of
Conduct, instead of the apparently more hazardous course of enter-
ing on an entirely new field at this advanced stage of the Enter-
prize. But I ventured to think it more expedient on the whole,
as being better calculated to diffuse just impressions of the nature
of the Case, not to persevere in our efforts in this part of the Coun-
try, but rather let it be understood that what had been offered to
the Inhabitants was a boon to themselves, which, being once lost,
it might not be easy to grant to them again. I wrote therefore,
without enlarging on the Causes for regret, simply to state that.
as it was of course out of the question to send a large Ship to
Yarmouth or Harwich for the reception of so limited a number of
persons as were now going, immediate measures wd. be taken to
fill her with People to sail from the River; that, under these
circes.. altho' fresh applications from the Eastern Counties were
not precluded, they would unavoidably be postponed to other claims.
instead of. as hitherto, having the preference; but that, in order
not to disappoint those who had adhered to their original intentions.
they wd. be allowed the privilege of proceeding in the Vessel, on
finding their own way to the place of Embarkation.
I then placed Dr. Brock in Communication with Mr. Maples, a
person connected with various Mechanics' Societies in London, to
whom Letters had been brought by another Surgeon of the Navy
from a Master Mechanic at Sydney. I apprized Dr. Dobie at
Glasgow that he must endeavour to diminish the proportion of
Mechanics in the Party he was collecting to go from the Clyde.
And I settled with Dr. Brock the terms of advertisements and Hand
Bills to appear in London and places that cd. easily communicate
with it. His proceedings have now been opened at the Office of
Lt. Lean, who is actively co-operating with him in this Service.
The result of these measures cannot so soon be stated. But I
feel every confidence that, with the zeal which all must feel to get
thro' the difficulty, a sufficient number of duly qualified Emigrants
i. Vol. XIX— L
162
HISTORICAL RECORDS OF AUSTRALIA.
1837.
11 Nov.
Report re
failure to fill
ship with
emigrants fror
Norfolk and
adjacent
counties.
Refusal to
allocate ship
for emigrants
from Norfolk
and adjacent
counties.
will be provided by the 15th of Novr., and I do not know that, if
the Ship had been required to go to Harwich, she cd. have sailed
from thence at an earlier day. Even had it been otherwise, there
is so much disposition amongst people to undervalue what is offered
to them gratuitously that it wd., I submit, have been worth a Con-
siderable Sacrifice not to give them an opportunity of supposing
it a favor in them to consent to go to X. S. Wales, but to impress
upon them instead that, when a conveyance is provided for them to
a Country, which it is for their interest to reach, free of expence,
the favor can only be on one side ; and upon this point, so long as
I have the honor of being employed in dispensing the Fund which
the liberality of the Colony has rendered available for these pur-
poses. I trust with Lord Glenelg's approval to admit of no mistake.
Here I might have closed this report. But I ought perhaps to add
that, within the last few days, Dr. Kay, the Assistant Poor Law
( 'onimr, for the Norfolk District, called upon me. accompanied by
Mr. Parker, and acquainted me in conversation that he was in-
clined to anticipate an urgent demand for Emigration from Norfolk
during the Winter, and that he wd. be glad to be able to hold out
to the People the promise of a Ship if they wd. take advantage of
it. I enclose the copy of a letter I have written to Mr. Parker
on this subject. I have, &c,
Tho. Fred. Elliot.
[Sub-enclosure.]
Mr. T. F. Elliot to Mr. H. W. Parker.
My dear Sir, Downing Street. 27th October, 18:17.
I feel so anxious to preclude any mistake on the subject of
the conversation I had with you and Doctor Kay the other day, that
I write to you a few lines, which I shall be obliged to you to for-
ward to him, as doubtless you are in possession of his address.
What I wish to impress on him is that I can afford no guarantee
of another Emigrant Ship being allotted to the service of the
Eastern Counties. In the first place, it would be beyond my power
to do so, for I never proceed to the engagement of a ship without
ascertaining that the Secretary of State agrees in the sufficiency of
the grounds for the measure; and I must add that, after the dis-
appointment so recently experienced in Norfolk and the adjacent
Districts, I can hardly assume that such reasons are shortly to be
expected as would satisfy Lord Glenelg of the propriety of repeating
the experiment. You will remember that it. is no past transaction
which is in question.
The ship is even now lying in the River, which was engaged for
the exclusive accommodation of the Eastern Counties, wherein all
persons from the other parts of the Country were refused a pas-
sage; and, out of the District so favoured, jnst five families remain
to take advantage of the opportunity offered to them.
All the rest of the numerous applicants, who were originally
enrolled as willing to go, have changed their minds. This is the
experience which we are now enjoying. At the very moment when
I had the pleasure of conversing with you the other day, we had
not yet collected any fresh Candidates, so that, on the eve of a
ship's being ready to sail at an expence of from four to five thou-
sand pounds, we had none but the five families I have mentioned to
embark, affording a supply of people to the Colony at the rate of
or emigrants
from Norfolk
and adjacent
GLENELG TO G1PPS. 163
something less than a thousand pounds per family. Whether or 1837.
not the deficiency be ultimately supplied on this occasion through liNov.
very vigorous exert inns, the hazard is one which oughl if possible Refusalt0
hereafter to be avoided, and which subjects our' officers to a tempta- aliocateship
tion. they oughl not to be placed under, to relax the proper care
and strictness in the selection of Emigrants. Under these circum-
stances, 1 do not say that a case may not be made out for assigning counties
another ship to the convenience of Norfolk and the neighbouring
Country; but I think that it must be a strong case, and that the
sooner it comes forward the greater the need of very convincing
proofs to establish the change from the disposition of which we are
.it this moment feeling the effects.
Another consideration is that our arrangements are now made
for sending vessels from other parts of the Kingdom. And. until
March, the season is very unfavourable for despatching large bodies
of Emigrants from the English Channel. Even, therefore, if the
expediency of again giving a ship to the Eastern Counties were
shewn, it must he doubtful how soon an opportunity could possibly
he afforded for the purpose.
Supposing then that, during the winter, the advantages of
encouraging emigration from Dr. Kay's District should become
apparent. 1 still do not think he could safely do more than say he
would make his best endeavours to procure them another ship,
and hoped he might succeed. But I would also suggest that he
should take the same opportunity of explaining to the people that
the former offer was an indulgence and a boon, a boon moreover
so well recognized as such in other parts of the Country that this
itself must constitute one of the main difficulties in obtaining its
repetition in Norfolk, and therefore that he should advise the people
not again to trifle with it. should they succeed in once more obtain-
ing the offer, but to profit by an opportunity which in so many
parts of the Country is completely an object of envy. In this
maimer. I hope we should come to a better understanding with one
another, and. if at some future period the enterprize were renewed
in Norfolk, we should be aide to send forth a party of useful agri-
cultural Labourers with satisfaction to themselves, and at the
same time without the risk of heavy losses to the Colony, which so
liberally provides them with the means of conveyance.
I would have written to Dr. Kay as well as to yourself; but. not
knowing his address, it is perhaps the shorter mode to ask you to
be kind enough to forward to him this communication.
I have, &c,
Thos. F. Elliot.
Lord Glexelg to Sir George Gipps.
(Despatch No. 23, per ship Fergusson.)
Sir, Downing Street, 13 Xovember, 1837. 13 Nov.
With reference to my dispatch Xo. 371 of the 23d Septem- Remission ot-
her last, I have the honor to acquaint you that the Lords Commis-
sioners of the Treasury have sanctioned the remission of Mr.
Hovell's debt to the Government on the conditions recommended
hy your Predecessor.
lebt due by
W. H. Hovell.
104
HISTOEICAL RECORDS OF AUSTRALIA.
1837.
13 Nov.
Their Lordships however desire that you will not infer from
this arrangement that any future demands attaching to Colonial
Funds may be satisfied by the remission of repayments due on
account of Convict or other services provided for by this Country.
I have, &c,
Glenelg.
14 Nov.
Despatch
acknowledged.
Refusal of
land grant tor
A. E. Hayes.
Lord Glenelg to Sir George Gipps.
(Despatch No. 24, per ship Fergusson.)
Sir, Downing Street, 14 November, 1837.
I have received Sir Richard Bourke's dispatch No. 25 of
the 2d May last, transmitting a Memorial from Mr. A. E. Hayes
praying for a reconsideration of his claim to a Grant of Land
in New South Wales.
Mr. Hayes appears to be under the impression that under the
former Regulations any Applicant for Land had an indefeasible
right to a grant on the performance of certain conditions. This
was not the case. A discretion was vested in the Governor in
each case, and, while I regret that Mr. Hayes' original application
received no answer, I am unable to assume that the Governor of
New South Wales did not properly exercise in this instance the
discretion which was vested in him by the published Regulations.
I therefore regret that I do not feel myself at liberty to comply
with the prayer of the Memorial. I have, &c,
Glenelg.
15 Nov.
Despatch
acknowledged
re J. Bowman.
Lord Glenelg to Sir George Gipps.
(Despatch No. 25, per ship Fergussou.)
Sir, Downing Street, 15 November, 1837.
With reference to your Predecessor's Dispatch No. 65 ox
the 15th June, 1836, submitting the case of Dr. James Bowman,
late Inspector of Colonial Hospitals at New South Wales, whose
appointment ceased under the new medical arrangements of the
Colony, I have now the honor to transmit to you, for your infor-
mation and guidance, the copy of a letter addressed to this
Department by desire of the Lords Commissioners of the
Treasury. I have, &c,
Glenelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers, 31 Oct.. 1837.
Having laid before the Lords Commrs. of H.M.'s Treasury
yr. letter, dated the 20th Deer, last, with the inclosed Despatch from
the Governor of New South Wales, relating to the abrogation of the
BOURKE TO GLENELG. 165
appointment of Principal Colonial Surgeon and Inspector of Hos- is37.
pitals upon the arrival in that. Colony of the Officers of the Army l5Nov.
Medical Staff, who had been deputed to take charge of the Colonial fnstruetions
and Convict Medical Estabts., I am commanded by their Lordships reclaims of
to request yon will stale to Lord Glenelg that my Lords do not find, •'• Bowman
from a reply to an application which they directed to he addressed on reduction.
to t.he Secretary at War. that any report has been reed, by the
Army Medical Dept. from the Officer in charge of the Medical
Estabt. in N. S. Wales of the circes.. which have rendered it neces-
sary to dispense entirely with the further Services of Dr. Bowman.
As Dr. Bowman will he replaced on the Naval Half Pay on the
discontinuance of his Colonial Salary, and the Cessation of his
Services, which my Lords presume Sir B. Bourke has been satisfied
cd. not be made available under the new arrangements, my Lords
do not consider that his late employment entitles him to any addi-
tional retired Allowance.
My Lords might have been prepared to sanction the issue of some
gratuity to Dr. Bowman upon the Abolition of his late Office; but,
.as they observe that he will have continued in the receipt of his
full Salary for a considerable period after his Employment ceased,
they conceive it will he sufficient that he should be allowed to
retain such amount as may actually have been paid to him on this
account, when Ld. Glenelg's Instructions on the subject shall reach
the Colony, and that he slid, revert to his naval Half Pay from
the period up to which the Salary had thus been issued.
I am at the same time directed to request that you will remark
to Lord Glenelg that, this continuance of the issue of the full Salary
■of an abolished Office appears to tny Lords to have been both irregular
and unnecessary, and that a moiety of the Salary was the utmost
allowance that Sir R. Bourke slid, have considered himself war-
ranted in granting, until the derision of ELM. Govt. cd. be signified
to him. I am, &c,
F. Barixg.
Sir Richard Bourke to Lord Glexeu;.
(Despatch No. 112. per ship North Briton; acknowledged by
lord Glenelg, 22nd June, 1838.)
My Lord, Government House, 15 Novr., 1837.
I have the honor to forward Copies of a correspondence correspondence
between the Colonial Secretary and the Colonial Treasurer upon [realm? *"
the subject of appointments of Clerks to the Treasury in this
Colony, and a letter from Mr. Riddell, addressed to Your Lord-
ship. I will as briefly as possible bring the leading facts forming
the subject of the correspondence under your Lordship's notice.
Upon the recent death of a gentleman, who held for some years Proposal by
the office of first Clerk in the Treasury, and who upon the intro- ^Vappohftment
•duction of the Regulations of this year for the appointment of of chief clerk
Clerks in the Colonial Office was nominated a Clerk of the first ° u'v'
class with a Salary rising from £300 to the maximum of £400 a
year, the Colonial Treasurer proposed to me to introduce a
R. Bourke.
secretary
of state.
166 HISTORICAL RECORDS OF AUSTRALIA.
1837. stranger into the Department to occupy the vacant place, passing-
over the heads of several very respectable Persons, and notably
of the next in seniority to the deceased, Mr. Williams, a gentle-
man of considerable ability and official knowledge.
objections by To this proposition, I objected as being a practical injustice to
Mr. Williams and a breach of the newly framed Regulations, to
the strict observance of which I attach great importance. Against
this decision the Colonial Treasurer remonstrated, repeating a
Appointment of former application for the appointment of two clerks of the first
proposeTdby class in his Department, and proposing that Mr. Williams should
C. d. Riddell. hold one, and that a stranger should be brought into the office
to hold the other, who was to be considered as Senior Clerk in
the Treasury. He further objected to the appointment of Clerks
in his Department by any other than himself,
objections by Iii reply, I objected to impose upon the public an unnecessary
charge for an additional Clerk of the first class, and expressed an
opinion adverse to Mr. Riddell's claim to appoint his own clerks.
Reference to Mr. Riddell, in his letter of the 6th October having proposed
to leave the question at issue to Your Lordship, I complied with
his request, and directed the letter of the Colonial Secretary of
the 13-th of that month, explanatory of my views on the subject,
to be addressed to him.
claim by Mr. Riddell in his letter to Your Lordship urges over again
to appointment the principal points of his correspondence with the Colonial
of clerks. Secretary, and first, that it has been considered the province of the
Treasurer to appoint his own clerks. To this assertion, I cannot
further assent than by observing that, on my arrival, there was
but one Clerk in the Treasury, the gentleman lately deceased,
and that, upon a second being added in my time with a Salary
of £120 a year, I approved of the nomination of Mr. Riddell in
favor of the son of Colonel Snodgrass, and would probably
have continued to confirm any proper nomination whilst the
office remained on the same low footing. Since the consolidation
Objections of the offices of Treasury and Internal Revenue, the Establish-
ment has become much too large to allow of Mr. Riddell's expect-
ing that the patronage should be left in his hands, whilst a
similar privilege is denied to the Colonial Functionaries of the
highest rank. I have, it is true, always consulted as much as
possible the wishes of all these gentlemen, and frequently agreed
to their nominations as a matter of courtesy but not of right,
and in the new Regulation your Lordship may have observed
that great deference is paid to the opinions of the Heads of
Departments.
But Mr. Riddell urges his claim as peculiar on the ground of
his great responsibility, and denies that the new Regulations are
to claim.
BOURSE TO GLENELG. 167
applicable to his office. To this it may be briefly observed that 1837.
his business is transacted chiefly by cheques, the Treasurer being 1— '
authorised to keep Large Balances in the Banks; that the surplus JJ2Jj£?in
cash is kept in the vault under three keys of which one only is offlceof
held by the Treasurer, and two by other Functionaries, and the i^.""1,".,.,..
vault never opened but in presence of the three; that the petty
cash in the office is the only part of the Treasurer's charge, which
I can consider liable to abstraction by a Clerk, and any possible
loss in this may be easily obviated by the Treasurer's keeping the
key. If, indeed, as Mr. Riddell seems to intimate in his letter
to your Lordship (page 3), his Clerk- drew cheques on the Banks,
and the Banks paid on the Clerk's cheque the money lodged in
the name of the Treasurer, the risk would be considerable, and
the practice should be put an end to. But with regard to the
usual course, I beg to refer Your Lordship to the copy of a reply
from Mr. Riddell to a letter 1 caused to be written to him on
the subject. I do not from that document infer that the appro-
priate employment of the Treasury Clerks exposes the Treasurer
to any pecuniary risk, even were one and all inclined to be
dishonest.
I have thus gone shortly over the principal matters urged by objections by
Mr. Riddell in support of his claim to appoint clerks of the Trea- appointment of
sury without, regard to Colonial Regulation. His objections to A ^aiiams-
the succession of Mr. Williams under these Regulations may be
still more briefly discussed. They are founded upon a supposed
distinction between the duties of a Clerk in receipt and in the
disbursement of Revenue, which seems in Mr. Riddell's opinion
to render the one disqualified from taking the duties of the
other, and upon the fact of Mr. Williams being a Man of Colour.
The first is certainly no valid objection, as the official ability of
Mr. Williams is admitted by the Treasurer himself. The second
was brought under my notice in the beginning of the year at an
interview with Mr. Riddell upon the formation of his office when
the Treasury and Internal Revenue were consolidated. I confess
it had no great effect upon me in disparagement of the claims
of Mr. Williams to hold a superior place in the Department,
as I look to integrity and ability rather than to complexion as
the qualifications for office.
I have only one remark more to make upon Mr. Riddell's letter Liability of
to your Lordship, which, however, is of great importance. He cuS/EdiJelJ.
intimates his belief that his Sureties are not responsible for any
deficiencies of his, connected with the additional duty trans-
ferred to him upon the Consolidation of the Treasury and Col-
lection offices. Before I directed that the junction (though long
168
HISTORICAL RECORDS OF AUSTRALIA.
1837.
l0 \n\
Death of
J. Wallace.
Necessity for
immediate
appointment
of successor.
Nomination of
J. Hinrlmarsh
as successor.
Letter
acknowledged.
Necessity for
vacancy to
be filled by
seniority.
authorised by the Secretary of State) should be effected, I
obtained the opinion of the Attorney General upon the con-
tinued liability of Mr. Eiddell's sureties, which opinion I had
the honor to transmit to Your Lordship in my Despatch of the
4th January last, Xo. 4. I have, &c,
Kichd. Bourke.
[Enclosure No. 1.]
[A] Mr. C. D. Riddell to Colonial Secretary Thomson.
Sir, Colonial Treasury, 20th September, 1837.
I regret to have to announce to you. for the information of
His Excellency The Governor, the Death of Mr. John Wallace, the
Head Clerk in the Treasury department of my Office, which took
place last night.
I should not so soon after the melancholy event have proposed
that the situation be filled up, If the increased business of the
Treasury did not call for such a proceeding.
In consequence of Mr. Wallace's severe indisposition. I have
availed myself of the Services of Mr. Williams, first Clerk in the
Revenue Branch, for some days past. But it is not expedient to
detain him from the duties of his department longer than necessity
requires, in as much as these are of so diversified a nature as to
require the superintendanee of one, who has been accustomed to
discharge them.
Having had reason to believe that, even had he lived, Mr. Wallace
meant shortly to resign his situation, I have been for some time
anxiously looking for some one whom I could safely recommend
as his successor, and I believe that, in recommending Mr. Hind-
marsh (now a Clerk in the Commissariat) to his Excellency The
Governor, I have fixed upon one in every way deserving His
Excellency's approval. This Gentleman has held a similar Office in
the Commissariat department to that of which Mr. Wallace per-
formed the duties in the Treasury for a period of nine years.
Mr. D. C. General Miller has assured me that, for sobriety, in-
tegrity, steadiness and efficiency, he is not surpassed by any one in
the Colony. In short, he added, too much cannot be said in his
favor.
With such Testimonials in his favor. I hope His Excellency the
Governor will approve of his Appointment to the first Clerk in the
Treasury Branch of my Office with the usual Salary.
I have, &c,
C. D. Riddell.
[B] Colonial Secretary Thomson to Mr. C. D. Riddell.
Sir, Colonial Secretary's Office. 26th September. 1837.
I have the honor to acknowledge the receipt of Your Letter
of the 20th instant, reporting the Death of Mr. John Wallace, Chief
Clerk in your department, and proposing as his Successor Mr. Hind-
marsh at present a Clerk in the Commissariat.
Having laid your Letter before the Governor, I am directed to
inform you that, as you allege no objection to the Clerk who is
next, in Succession in your Office to the late Mr. Wallace, but on the
Contrary State that diversified nature of the duties upon which he
is employed in the Revenue Branch renders it necessary to retain
BOURKE TO GLENELG. 169
him in its superintendence, His Excellency is not aware that this 1837.
can justly be deemed a reason for stopping his promotion. In the i5Nov.
regulations respecting clerks trained by the late Board, the hope Necessity for
is distinctly held out to deserving and competent Clerks to Succeed vacancy to
to the higher ('lasses as they become Vacant, and Sir Richard ben^J.ifby
Bourke considers it of great importance that this principle should
not be departed from in any case in which there may not be an
adequate reason for incompetency or other cause. With respect to
the continuance of .Mr. Williams in the superintendence of the
Revenue Branch, the Governor is not aware that, his promotion
Should necessarily interfere with if. It is a matter of internal
arrangement of your Office, which you can settle as may appear
to you best calculated to an efficienl performance of the business.
The Governor further directs me to enquire whether there is
not among the Junior Clerks a person, who is Competent to Suc-
ceed to the second class upon Mr. Williams' promotion to the first.
The Junior Clerk's place will he filled by His Excellency.
I have. &c,
E. 1 >EAS Thomson.
[C] Mr. C. D. Riddell to Colonial Secretary Thomson.
Sir. Sydney. 27th September, 1837.
1 have this day received Your Letter of Yesterday's date in Letter
reply to mine of the 20th instant, by which I am given to under- acknowledged.
stand that His Excellency the Governor does not approve of my
recommendation of Mr. H in dinar sh to be first Clerk in the Trea-
sury Branch of my Department.
When I first took charge of the Office of Internal Revenue, I dis- Division of
tinctly gave it as my opinion that, as the duties of that Department office into
were of a nature perfectly distinct from those of the Treasury, in JjjJSSf and
order to avoid certain disorder and confusion, it was absolutely branches,
necessary that the two Offices altho' nominally united Should be
kept totally distinct. And my separation of them into the Treasury
and Revenue Branches met with the approbation of His Excellency
the Governor. Moreover on that occasion Mr. Maepherson informed
me that Mr. Williams was the only individual in the office, who Appointment of
could conduct the business and at the same time superintend the A. Williams as
numerous Clerks employed under him. Mr. Williams received an branch! revemie
Addition to his Salary on the 1st of January of £50 per Annum as
head clerk of the Revenue Branch of the Treasury.
I have since recommended that Mr. Williams be placed on the status
footing of a Clerk of the first Class in respect of the duties he has Proposed for
to perform in his Branch of the Department. It cannot therefore
be said that I wish in the slightest degree to retard his promotion,
hut I have limited my Application for it to his services in the
Kevenue Branch. He can have no claim whatever to advancement
in the other Branch, being, until the other day, totally ignorant
of the duties to be discharged in it.
If His Excellency the Governor thinks that, as Collector of a Duti
Revenue of about £150.000 a Year and Superintendent of Seven or A.. Williams
Eight Clerks carrying on the Various and intricate business of the *° re^ue"^
department. Mr. Williams does not merit the Salary of £300, it branch.
170
HISTORICAL RECORDS OF AUSTRALIA.
1837.
15 Nov.
Duties of
A. Williams
to be confined
to revenue
branch.
Reasons for
nomination of
J. Hindmarsh.
Claim by
C. D. Riddell
to nomination
of clerks in
treasury.
Salary of
head clerk.
surely could not be expected that I the head of this department
should recommend him for that Salary in a branch of the Depart-
ment of which he knows scarcely anything, and the duties of which
he is accordingly incompetent to discharge. It will be seen that, as
Head Clerk of the Revenue Branch, I have asked his promotion.
because I have found him very competent for these his appropriate
duties, and because his situation is one of a more confidential
nature now than it previously was under Mr. McPherson, in as
much as he is necessarily left now to his own discretion, My atten-
tion being chiefly devoted to the Treasury the business of which is
rapidly increasing. It has for some time past been the source of
the greatest anxiety to me to find out some one, whose Character
and abilities were such that I could recommend him to His Excel-
lency the Governor as a Successor to Mr. Wallace. I had deter-
mined to perform the duties myself (as I am now doing) for any
length of time rather than appoint one who might turn out either
incompetent or untrustworthy. I know nothing of Mr. Hindmarsh
previous to his presenting a written request that I would employ
him in the Treasury Branch of my Office, in as much as he had
discharged similar duties for nearly nine years in the Commis-
sariat, and upon referring to Gentlemen Connected with that depart-
ment I found that in every respect he was eligible, so I lost no time
in requesting the Governor to approve of his appointment.
I have the honor to remark that, as the Union of the two depart-
ments cannot in the least affect the nature of the duties to be dis-
charged by the first Clerk of the Treasury except as rendering
them more onerous, it follows that the mode of appointing him
and the Salary Attached to his Office Should not be affected by
Such an Union.
With regard to the appointment of Clerks in the Treasury, it has
hitherto rested upon the recommendation of the Treasurer. Mr.
Chief Justice Forbes gave it as his opinion to General Darling that
he ought not to interfere with the Appointment of Mr. Wallace by
Mr. Balcombe, then Colonial Treasurer. When a second Clerk was
allowed for the department. Colonel Snodgrass applied to His
Excellency the Governor on behalf of his son. I am informed that
the Governor referred him to the Colonial Treasurer. I am quite
sure that he was appointed on my recommendation, and, at a later
period and since the Union of the two Departments upon the suc-
cession of Mr. Snodgrass, Mr. Wm. Macvitie was appointed Junior
Clerk upon a similar Application. Thus in the only three instances
which have occurred for many years, viz., of one head Clerk and
two Juniors, the situations have been filled up on the recommenda-
tion of the Treasurer. I appeal therefore to the uniform practice
of a former and of the present Governor as deciding it to be my
province to recommend to a situation, the confidential nature of the
duties attached to it requiring that the individual appointed should
be as closely united as possible to the head of his department.
I need scarcely add that, it is equally necessary that the Salary of
one, in whom almost unbounded trust must be placed, ought to
correspond with the nature of his duties. The Head Clerk in the
Treasury has always and I hope will Still continue to receive the
highest rate of remuneration allowed by Colonial regulations.
BOURKE TO GLENELG. 171
I regret that I have occupied s<> much of your Valuable time. 1837.
bur I feel that I should not have done justice to myself, had I not 15 Kov.
entered fully into the reasons which induced me to recommend
Mr. Hindinarsh.
I have endeavoured first to show that I have done ample Justice Summary of
to Mr. Williams in recommending him promotion in his own Branch arguments,
of the department, in which he has been bred and the duties of
which he is competent to discharge, but that I consider him incom-
petent to discharge the duties of Qrsl Clerk in the Treasury.
2nd that, in recommending Mr. Hindinarsh, I have done so upon
a belief that he is every way competent to discharge the duties of
the situation.
3rd that, in the appointment of Treasury Clerks, it has been the
uniform practice of the Colonial Treasurer to recommend, And of
the Governor to adopt such recommendation.
4th that the first Clerk in the Treasury has always been, and
ought to be considered a Clerk of the first Class.
I have. &c,
C. I). RlDDELL.
[D] Colonial Secretary Thomson to Mi:. C. D. Riddell.
Sir. Colonial Secretary's Office, 4th October. 1837.
Having laid before the Governor your Letter of the 27th Sep- Objections to
teinber. 1 am directed to inform you that His Excellency sees noth- ^^R'dcni
ing in the observations, which you have now Submitted, to lead him
to vary from the decision on the Subject of the Appointment of a
Successor to the late Mr. Wallace, as Chief Clerk in your Office,
which 1 bad the honor to communicate to you in my Letter of the
26th of last month.
The Governor does not deem it necessary to place in your Office a
second person with the pay of the first Class of Clerks, one only
is provided for on the Estimates of this year and for 1838.
Ilis Excellency observes by your Report that Mr. Williams, your
Second Clerk, is a deserving person and qualified to hold a first
Clerk's place. He should therefore, I am directed to State, be
promoted.
Sir Richard Bourke does not think it necessary or desirable to
have two distinct sets of Clerks in one Office with a separate course
of promotion in each. The Assignment of their respective duties
to the several Clerks is the proper province of the Head of the
Department: but. unless you Shew to tlis Excellency's satisfaction
that there is no person now in your office capable of taking the
duty discharged by the late Mr. Wallace. His Excellency must
Object to the introduction of a new person to the first Class of
Clerks to the prejudice of all now in the department.
I am further directed to inform you that the Governor does not Promotion
think that the appointment of Clerks in an Office containing so *° h.e **y
large an Establishment as the Treasurer's can with propriety be
left to that Officer ; but His Excellency considers it proper that
promotion should take its regular course in the Department as
enjoined by the Regulations lately established unless impeded by
some sufficient Cause, and that Vacancies should be filled by Ap-
pointments at the bottom of the list. j have. &c.
E. Deas Thomson.
172
HISTORICAL RECORDS OF AUSTRALIA.
IS37.
15 Nov.
Objections bj
C. D. Riddel!
[E] Mr. C. D. Kiddell to Colonial Secretary Thomson.
Sir, Sydney. Oth October, 1837.
In reply to your Letter of the 4tli instant just received, I beg
to State for the information of His Excellency the Governor that
ofAPwmSms! l expressly pointed out. in my Letter to you of the 27th Ultimo,
that I considered Mr. Williams incompetent to discharge the duties
performed by the late Mr. Wallace, In as much as he was ignorant
of them, On which Account it was that. I had recommended a
Stranger to the department, but one who had performed similar
duties for Eight or Nine Years. These Observations must, have
escaped His Excellency, when He desired you to inform me that,
unless I show to His Excellency's satisfaction that there is no
person now in my Office capable of taking the duty of the late
Mr. Wallace, he must Object to the introduction of a new person
to the first Class of Clerks to the prejudice of all now in the
department.
But, as the View of the subject taken by the Governor strikes at
once at. the responsibility attached to the Office of Treasurer, I
have the honor to propose, either that His Excellency will Submit
the case to the decision of the Executive Council, or else that he
will be pleased to allow the Office of first Clerk of the Treasury
to remain vacant until the decision of the Secretary of State can
be obtained
I beg you will assure His Excellency that I can have no objec-
tion to any person appointed by him, provided my securities in
England are released from their bonds. That, as this cannot be
done without a reference to the Secretary of State, I recpiest per-
mission to withdraw my application for a first Class Clerk for the
Treasury in the meantime, until the arrangement in England can
be completed. I have. &c,
C. D. Riddell.
Request for
reference to
ixeeutive
council or
secretary
of state.
of A. Williams.
[F] Colonial Secretary Thomson to Mr. C. D. Eiddell.
Colonial Secretary's Office,
Sir, Sydney, 13th October, 1S37.
I am directed by The Governor to inform you, in reply to
your Letter of the 6th instant, that His Excellency has not over-
w ant or proof looked any part of your Communication of the 27th Ultimo. Sir
f,i!K?,,"!^tency Richard Bourke observes your Statement that "you consider Mr.
Williams incompetent to discharge the duties of first Clerk of the
Treasury " ; but His Excellency must add that you do not support
your assertion by any reasonable proof. On the contrary, by re-
commending Mr. Williams for promotion to the Class of a first
Clerk, you have borne favorable testimony to his Conduct and
ability, and, in representing the duties which Mr. Williams
worthily discharges to be various and extensive, you have certainly
impressed his Excellency with the belief that Mr. Williams is not
incapable of assuming the duties performed by the late Mr. Wallace.
It would therefore be a great injustice to a deserving Indi-
vidual, and a direct breach of the regulations lately established,
to put any person in the Treasurer's Office over the Head of Mr.
Williams.
It only remains then to be enquired whether, to satisfy your
inclination to bring a Stranger into the department, The Governor
shall consent to charge the Public with the Salary of a second
BOURKE TO GLENELG. 173
person in the first Class of clerks. Upon the best consideration is.37.
His Excellency can give the Subject, it does not appear to him to 15 Nov.
be necessary, and the proposal conveyed to His Excellency by you
in the Letter now under reply confirms him in this belief.
Yon observe that the View the Governor has taken of your Office
strikes at the responsibility attached to it. And you seem to think
that, on Account of the security given by you to His Majesty's
Government, yon are entitled to appoint the Treasury Clerks with-
out reference to regulation or His Excellency's instructions. You
desire that this (Maim may be brought before the Secretary of State
for decision, and. pending the reference, you request that the Office
of first Clerk in the Treasury may be left Vacant. Although Sir Office to be
Richard Bourke is well convinced that you are under great mis- J^^ncM?^1^
apprehension on the subject in question, yet His Excellency will not secretary
decline acceding to your request, and consents to leave the Office of state."
Vacant until a reply can be obtained from the Secretary of State,
to whom He proposes to make the necessary Communication with-
out delay. It is however to be understood that The Governor
expects you will take care that the Public Service in your Oflice
does not suffer by the arrangement you have proposed. With this Establishment
view and in order that the number of Clerks allowed for the ?f trea.s»rv. ' " ,
. ., . . ,. ., .. ... . , be maintained.
department may be made complete. His Excellency will appoint one
to the third class, and. if you think that either of the Extra Clerks
now in Treasury employment is deserving of being placed on the
permanent Establishment, you will be pleased to send him in his
name.
The Governor directs me to add that you will please in your pay instructions re
abstracts, whether fixed or Supplementary, to place the names of pay aDstracts-
the Clerks in the department according to their Class and seniority
in each class, in conformity to the new regulations, and without
reference to the duties you may have assigned to them respectively.
1 have. &c,
E. Deas Thomson.
[Enclosure No. 2.]
[A cojhi of the letter from C. I). Riddell to Lord Glenelg, dated
2>,th October, 1837, is not available.]
[Enclosure No. 3.]
Mr. C. D. Riddell to Colonial Secretary Thomson.
Sir, Colonial Treasury. 14 November. 1837.
I have the honor to State, in answer to your letter of yester- Custody of
day's date. No. 78. and for the information of His Excellency the public money
Governor, that: ' g^SSE?'
1st. The public Money in the Banks stands in the name of the
Colonial Treasurer.
2d. No other person than myself draws cheques upon the public
funds in the Banks. Mr. Wallace in my absence used to pay by
cheques upon the Bank of Australia any sums, which might be
required, which Sums I replaced to his credit by Colonial Trea-
surer's Cheques. On one occasion after a Severe illness when
absent for about three weeks. I requested the Cashiers of the Banks
to pay the Colonial Treasurer's cheques signed by Mr. Wallace.
3d. The Collectors of Revenue pay sometimes in cash, but gener-
ally by cheques on the Banks. I have. &c,
C. D. Riddell.
174
HISTORICAL RECORDS OF AUSTRALIA.
1837.
16 Nov.
Regret at
result of resig-
nation of Revd.
T. Atkins.
C haplain to
be procured
for Norfolk
island.
Employment
of Revd.
T. Sharpe.
Reports
required re
Norfolk island.
Lord Glenelg to Sir George Gipps.
(Despatch No. 26, per ship Fergusson.)
Sir, Downing- Street, 16 November. 1837.
I have received Sir Richard Bourke's dispatch No. 38 of
the 4th June, and I sincerely regret to find that my endeavour
to provide the Prisoners at Norfolk Island with a Protestant
Chaplain qualified for the office has failed, owing to the resigna-
tion of the Revd. T. Atkins, who had recently undertaken this
charge.
Deeply impressed with the importance of securing to this
Settlement the services of an efficient Protestant ('haplain, I shall
renew my endeavours to find a Clergyman qualified for the em-
ployment and willing to undertake it; but you are aware from
the previous correspondence on record on this subject that the
greatest difficulty has hitherto existed in accomplishing this
object.
I am happy to find that, with the sanction of the Bishop of
Australia, Mr. Sharpe's services will be for a time available at
Norfolk Island, and I cannot but entertain the hope that, con-
sidering the extent of the evil likely to arise from the continued
absence of religious instruction among the Prisoners confined
there, some arrangement may be made by the Bishop for supply-
ing the deficiency, should Mr. Sharpe be obliged to return to his
former District before I shall have been able to provide a Suc-
cessor to Mr. Atkins.
With reference to this subject, I have to call your attention to
my dispatch No. 91 of the 26th Deer., 1835. In case Sir Richard
.Bourke should not have transmitted to me, before his departure,
the report there required, I have to request that you will at your
earliest convenience procure and forward to me the information
for which I felt it my duty to call, with your own opinion on the
subject. I have, &c,
Glenelg.
Transmission of
memorial from
J. T. Morisset.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 113, per ship North Briton; acknowledged by
lord Glenelg. 13th June, 1838.)
My Lord, Government House, 16th November, 1837.
At the request of Lt. Colonel Morrisset, formerly Com-
mandant at Norfolk Island, but now, in consequence of ill health
affecting him at that Settlement, retired from the Service and
become a resident in the Colony, I have the honor to transmit a
Memorial praying for the confirmation of a Grant of Land
formerly allowed to him, but resumed in consequence of his
BOUEKE TO GLENELG. 175
appointment at Norfolk [sland being considered Military, his 1837.
name being returned as on the Garrison Start' of the Command.
Lt. Colonel Morrisset considers this Grant was merely in ahey- ''''y'^'Jl-.t
ance whilst he continued in Military employment, and that, hav- foriandg
ing now retired from the service, he should be allowed to select
land to an equal extent. It is upon this point that the decision
of Your Lordship is requested, and I beg leave to refer you to the
statement of the Memorialist in support of his claim. I should
add that since the retirement of Lieut. Col. Morrisset he haa been Remission in
allowed to claim a remission of £300 in the purchase of Land as ^eadsemoney
a retired Military officer under present Regulations, of which he
has as yet availed himself to the amount of £182 only.
Lieut. Col. Morrisset i> a settlor of integrity and intelligence, Testimony in
and an efficient Justice of the Peace in his district. He has a j™11^.^, ,
family encreasing in numbers, and I regret to state he represents
his means to be inadequate to their proper maintenance and
education. If his case >hould be thought to admit of favorable
consideration, the liberality of His Majesty's Government will
not be bestowed upon an unworthy character.
I have, &c,
RlCHD. BOURKE.
[Enclosure.]
The Humble Memorial of James Thomas Morisset, of Bathurst, Memorial of
in the Colony of New South Wales, a retired Lieutenant ^it^isset
Colonel of His Majesty's Army, and now a Settler in the land grant,
said Colony,
To the Right Honorable the Principal Secretary of State for the
Colonial Department, etc.. etc., etc.
Sheweth,
1. That your Memorialist arrived in the said Colony in the
year 1817. with the rank of Brevet Major, and holding a Captain's
Commission in His Majesty's 48th Regiment of Foot.
2. That, in the year 1818, your Memorialist was appointed by
the Colonial Government to the office of < lommandant of the Town-
ship and district of Newcastle, in the said Colony ; the duties
whereof he continued to discharge until the year 1823, when he was
removed to the like charge for the township and district of
Bathurst ; in which charge he remained until the year 1825, when
he quitted the said Colony for England on leave of absence.
8. That, in the year 1827. your Memorialist returned to the said
Colony, with the appointment from the Right Honorable the Secre-
tary of State of Commandant of the Penal Settlement of Norfolk
Island, which appointment united civil office with military com-
mand.
4. That, in consequence of some doubt entertained by Governor
Darling as to the functions appertaining to your Memorialist's said
appointment, that Officer detained your Memorialist in Sydney until
His Excellency could communicate upon the subject with the Right
Honorable the Secretary of State.
176 HISTORICAL RECORDS OF AUSTRALIA.
1837. "»• That, pending the said communication, your Memorialist was
appointed to the office of Principal Superintendent of Police for
the Town and District of Sydney, the duties of which he continued
jT^Morisset t0 discharge until the year 1829.
soliciting-
land grant.
16 iS(
Memorial of
6. That, up to the time of your Memorialist's return from Eng-
land as aforesaid, he had never received from the Government any
Grant of Land whatsoever ; and, conceiving that his long and faith-
ful services in the Colony had entitled him to an indulgence which
had been denied to no other Officer of equal rank and standing, he
applied to His Excellency Governor Darling, by letter dated the
6th December, 1827, for permission to select a maximum Grant of
two thousand five hundred and sixty (2,560) Acres.
7. That, in reply to the said Application, your Memorialist re-
ceived a letter from the Honorable the Colonial Secretary, dated
the 22 January. 1828, informing him. by direction of His Excellency
the Governor, that, on applying to the Surveyor General, he would
receive a written authority to select the quantity of land named
in his application according to the Regulations of 5 September.
1826. (Vide Appendix A.)
8. That, in pursuance of the said authority, your Memorialist
selected the aforesaid quantity of land at a place called " Yangy
Gangy," and, the selection being approved and confirmed by the Gov-
ernment, he received a letter from the Honorable the Colonial
Secretary, dated the 23rd August. 1828. communicating, by direction
of the Governor. His Excellency's sanction to his taking possession
of the said land, and to his retaining the same until His Majesty's
pleasure should be made known on the subject, or until a regular
Deed of Grant should be made out in his favour. {Tide Appen-
dix B.)
9. That your Memorialist accordingly took possession of the said
land, but, discovering soon after that another individual had an
equitable claim thereto prior to your Memorialist's selection, he
applied to the Government, by letter dated the 20th October. 1828,
stating the circumstances, and expressing his willingness to relin-
quish the land, provided he might be permitted to make another
selection in lieu thereof.
10. That, in reply to the said communication, your Memorialist
received a Letter from the Honorable the Colonial Secretary, dated
the 27th October. 1828. informing him. by direction of the Gov-
ernor, that, in consideration of the said circumstances. His Excel-
lency had been pleased to allow him to make another selection, as
requested, within four months from that date. (Vide Appendix C.)
11. That, in pursuance of the said authority, your Memorialist
made his selection at the Wolondilly River, in the County of Argyle,
and reported the same to the Surveyor General by letter dated the
14th November. 1828; but, being informed that the land so selected
was reserved for Government purposes your Memorialist forthwith
made and reported a third selection, which vras nullified by the
circumstances hereinafter stated.
12. That, in reply to his last mentioned application, your Me-
morialist received a letter from the Honorable the Colonial Secre-
tary, dated the 18 December, 1828, informing him. by direction of
His Excellency the Governor, that, as he had not been confirmed
in his civil appointment as an Officer in the Military service, he
could not. consistently with the Regulations, be allowed to receive
land. (Vide Appendix D.)
BOURKE TO GLENELG. 177
13. That, Immediately before the said Letter was written, the 1837.
Governor had received instructions from the Secretary of State to 16 Nov.
detain your Memorialist no longer from his duties as Commandant MemoriaTof
of Norfolk Island: and, by the civil appointment in which he had J. T. Morisset
"not been confirmed," your Memorialist believes that His Excel- soliciting
lency meant his temporary appointment of Principal Police Magis- land &rant-
frate of Sydney.
14. That, being of opinion that the Governor had not taken a
correct view of Ins claim to a Grant of Land, your Memorialist re-
quested that His Excellency would be pleased to refer the same
to the decision of the Right Honorable the Secretary of State: and.
His Excellency having complied therewith, your Memorialist was
Informed, by n Letter from the Honorable the Colonial Secretary.
dated the 5th July. 1830, that the Secretary of State had signified
in reply, that the Rule, which had been laid down in the case of
Military Officers, must prevent his receiving land while he held a
military situation: and it was therefore added that the land, previ-
ously authorised to your Memorialist, and the authority, which he
had subsequently received to make a fresh selection in lieu, had
been cancelled accordingly. ( Vide Appendix E.)
15. That, in respect to his appointment as Commandant of Norfolk
Island, your Memorialist begs most respectfully to solicit your
Lordship's attention to a distinction upon which the applicability
in his case of the rule above referred to would seem principally
to depend : namely, that, although he held both a civil and a mili-
tary Commission, he received pay only as <i civil Officer, his Mili-
tary Command being attended with no emolument whatsoever, and
being conferred merely as an Appendage to his civil functions, from
motives of convenience and economy to the Government; hence, he
most respectfully submits for the consideration of your Lordship,
whether, under those circumstances, he could with propriety be
said to " hold a military situation " in the legitimate acceptation of
the phrase?
lf>. That, in consequence of a violent nervous disorder, induced
by arduous exertion in the discharge of his official duties, your Me-
morialist was obliged, in the year 1834. with leave of absence, to
remove from Norfolk Island to New South Wales ; and. in the
subsequent year, finding that his health continued too infirm to
justified his returning to the Island, he felt it his duty to tender
his resignation, which was accordingly accepted.
17. That, under these circumstances, your Memorialist is induced
to appeal to your Lordship's known justice and liberality for the
redress of what he cannot but consider a real grievance to himself
and family ; in confirmation whereof, he begs most respectfully to
submit the following summary of his case, Vizt. : —
(1) That he has served the Colonial Government faithfully and
zealously for a long series of years, and in some of the most re-
sponsible and important offices.
(2) That, during the whole period of his residence in the Colony.
now nearly twenty years, he has never received a single grant of
land, nor any other indulgence whatsoever from the Government ;
and he believes he would be found justified in stating that every
other Officer in the Colony, of rank and standing at all similar to
his own. has received such indulgences to a liberal extent.
(3) That not only was your Memorialist's claim to a Grant of
Land recognised and admitted by the Government of General
Ser. I. Vol. XIX— M
178
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
16 Nov.
Memorial of
J. T. Morisset
soliciting
land grant.
Darling, but he actually received regular possession of a Grant of
two thousand, five hundred and sixty (2,500) Acres, which was
spontaneously relinquished by himself from a sense of justice to a
private individual.
(4) That, although at the time when his claim was ultimately
disallowed, your Memorialist did certainly hold a military Commis-
sion, he yet derived no pecuniary advantage therefrom, his salary
being paid to him exclusively as a civil Officer.
(5) That the decision of the Right Honorable the Secretary of
State would seem indirectly to admit your Memorialist's claim upon
its own merits, since his incapacity to receive Land is therein
limited to the period of his " holding a military situation," imply-
ing, as appears to your Memorialist, that, wThen he should cease to
hold such a situation, his claim would be unobjectionable.
Wherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises into your favorable considera-
tion, and authorise and instruct His Excellency the Governor of
New South Wales to grant to your Memorialist two thousand, five
hundred and sixty (2,560) Acres of Land, being the quantity
originally located to your Memorialist by the Colonial Secretary's
Letters of 23 August and 27th October, 1828.
And your Memorialist will ever pray, etc., etc., etc.
T T ArORRTSSKT*
Sydney, New South Wales, 22 June, 1837.
[Appendix A, referred to in Paragraph 7.]
Colonial Secketary Macleay to Mr. J. T. Morisset.
Sir, Colonial Secretary's Office, Sydney, 22 January, 1828.
Order to With reference to your application for a Grant of Land, dated the 6 December,
select land. 1827, I am directed by His Excellency the Governor to inform you that, on applying
to the Surveyor General, you will receive a written authority (for which you will pay
him a Fee of 2s. 6d.) to select Two thousand, five hundred and sixty Acres, according
to the Regulations of 5th September, 1826.
When you have made the selection, you will be pleased to apprise the Surveyor
General, by Letter, of the situation of the Land ; adding such a description of the
Boundaries, and other particulars as will enable that Officer to include your name
in his first subsequent Half-monthly Return, and to report, for the Governor's in-
formation, whether there be any objection to your obtaining the spot selected.
You will be pleased to observe that the present order is only for Authority to select,
which gives no power to take possession of Land ; and that the Selection must be
made and notified to the Surveyor General within four Months from the date of this
Letter ; otherwise the order now given will be null and void.
If the selection be approved of by His Excellency, you will afterwards receive
from this Office a written authority (in which the Conditions will be specified) to take
possession of the Land, and retain the same as a Primary Grant until His Majesty's
Pleasure be made known on the subject, or until a regular Deed of Grant be made
out in your favour.
But it is to be understood that you are to employ a free Overseer in charge, and to
conform to such other conditions as may be imposed on other civil Officers.
I have, &c,
Alexr. McLeay.
[Appendix B, referred to in Paragraph 8.]
Colonial Secretary Macleay to Mr, J. T. Morisset.
Sir, Colonial Secretary's Office, Sydney, 23 August, 1828.
Possession The Surveyor General having, in his Report of the 1/15 May, 1828, stated that,
granted of in pursuance of the authority given to you by His Excellency the Governor, you have
land selected. selected Two thousand five hundred and sixty Acres of Land, situated in an unnamed
County and parish, being the Stock Station at present occupied by Mr. Percy Simpson
about seven Miles in a North westerly direction from Mr. Hely's farm at Yandy
Gangy, I am directed to communicate to you His Excellency's sanction to take pos-
session of the said Two thousand five hundred and sixty acres of Land, and to retain
the same until His Majesty's pleasure be made known on the subject, or until a
regular Deed of Grant be made out in your favour.
BOUKKE TO GLENELG. 179
It the Grant be confirmed, the Land is to be held by you in free and common w.,7.
,,n the following condil 16 Nov.
lM you are to paj a Quit rent to the Crown oi Five per Cent, per annum on the
value oi the Land, which is to be hereafter fixed by the < ommissioners appointed for
2, The payment of the Quit-renf is aoi to commence until the end oi seven years
from this date; but, within that period you musi expend in Improvemneta on the Conditions for
Land a sum equa] to one fourth of the value, estimated by the Commissioners, under land grant.
the penalty of forfeiting the Grant.
3. The Quit-rent is to be redeemable at your option, on a payment to the Colonial
Treasury of a sum equal to twenty years' purchase, provided such payment be made
within twenty years after the date and execution of the Grant.
4 The Land is not to be alienable, under any pretence whatever, before the
expiration of seven vears from this date, nor until the sum above stipulated to be laid
out in improvements shall have been actually expended on the said land.
5. The Crown reserves to itseli the Bight of making and constructing such Roads
and Bridges on the Land, herein described, as maj be necessary for public purposes;
and also the right to Mich indigenous Timber, stone, and other Materials, the produce
■of the Land, as may be required for making and keeping the said Roads and Bridges
6. You must either reside on the Land, or employ, in the immediate charge of it,
as Agent or Manager, a free Man. of approved character and respectability.
I have. &c.,
A 1 i:\i!. McLeay.
[Appendix C, referred to in Paragraph 10.]
Colonial Secretary Macleay to Mr. J. T. Morisset.
Sir, Colonial Secretary's Office, 27 October, 1828.
I am directed by the Governor to inform you that, in consideration of the Authority to
circumstances stated iii your Letter of the 20th Instant, His Excellency has been select land,
pleased to allow you to make another selection of Two thousand five hundred and
sixty Acres, in lieu of the like quantity which you were authorised to take possession
on the 23 August.
It will therefore be necessary for you to attend the Surveyor General for the usual
authority to select the Land within four months from this date, of which that
•Officer has accordinglv been apprised. I have, &c,
Alexr. McLeay.
[Appendix D, referred to in paragraph 12.]
Colonial Secretary Mac lea y to Mr. J. T. Morisset.
Sir, Colonial Secretary's Office, 18 December, 1828.
With reference to your application of 15 November for (2,560) Two thou- Refusal of
sand five hundred and sixty acres of Land in Argyle, and to the Governor's personal land grant.
communication with you on the subject. I am now directed by His Excellency to
inform you, since you have not been confirmed in your civil appointment, that as
an Officer in the Military Service, you cannot consistently with the Regulations be
allowed to receive Land, of which the Surveyor General has been duly apprised.
I have, &c,
Alexr. McLeay.
[Appendix E. referred to in paragraph 14.]
Colonl\l Secretary Macleay to Mr. J. T. Morisset.
Sir, Colonial Secretary's Office, Sydney, 5 July, 1830.
With reference to your Letter of the 15 May, 1829, relative to your Applica- Cancellation
tion requesting that the question of your eligibility to receive Land might be of orders to
referred to His Majesty's Government, and that, in the meantime, you might be per- select land,
nutted to retain the Two thousand five hundred and sixty Acres near Yangy Gangy,
of which you received authority to take possession on the 28 August, 1828, but
subsequently relinquished for another selection, upon the notification of which you
were informed that, being a Military Officer and not confirmed in a civil situation,
you could not be allowed to retain land.
I have now the honour by direction of the Governor to inform you that the
Secretary of State (to whom your Application was agreeably to your request
referred) has signified in reply, by Despatch dated the 17th December, 1829, No. 180,
that the Rule which has been laid down in the case of Military Officers must prevent
your receiving Land while you hold a Military Situation ; and I am therefore com-
manded to add that the Land authorised for you as above, and the authority, which
you subsequently received to make a fresh selection in lieu, have been cancelled
accordingly, of which the Surveyor General and the Collector of Internal Revenue
have been duly apprised. I have, &c,
Alexr. McLeay.
180
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
17 Nov.
Despatch
acknowledged.
Promotion of
J. W. Bowler.
Lord Glenelg to Sir George Gipps.
(Despatch No. 27, per ship Fergusson.)
Sir, Downing Street, IT November, 1837.
I have the honor to acknowledge Sir Richard Bourke's
dispatch No. 32 of the 18th May with an Extract from the
Minutes of the Executive Council, recommending Dr. Bowler
the Assistant Surgeon of Her Majesty's Ship Rattlesnake for
promotion in consideration of the services which he rendered to
the Emigrants of the Ship " Lady McNaghten."
I have the satisfaction of informing you that the Lords Com-
missioners of the Admiralty have promoted Mr. Bowler to the
rank of Surgeon in the Royal Navy. I have, &c,
Glenelg.
Application by
F. Mathew for
land grant.
Testimony in
favour of
F. Mathew.
Memorial of
F. Mathew
soliciting land
grant as
marriage por-
tion for wife.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 114, per ship North Briton; acknowledged by
lord Glenelg, 13th June, 1838.)
My Lord, Government House, 17th November, 1837.
I have the honor to transmit the application of Mr. Felton
Mathew for a Grant of Land. The circumstances of his case are
novel, and I felt with regret I was precluded by Instructions
from acceding to his request; but I can confidently recommend
the applicant to your Lordship's favor as an officer of great in-
telligence and unwearied diligence, to whom the people of Sydney
are specially indebted for the rapid improvements which have
been made in their streets since he became Town Surveyor.
I have, &c,
Richd. Bourke.
[Enclosure.]
The Memorial of Felton Mathew, Town Surveyor of Sydney in
New South Wales.
To The Right Honorable Lord Glenelg, Secretary of State for the
Colonies, etc., etc., etc.
Respectfully sheweth ;
That your Memorialist arrived in New South Wales in
December, 1829, holding the appointment of Assistant Surveyor;
and, after being actively employed for five years on the Trigono-
metrical Survey of the Colony, and the measurement of Lands in
the Interior, was, in January. 1835. promoted to the Office of Town
Surveyor of Sydney, which latter appointment he still holds.
That, previous to leaving England, your Memorialist was engaged
to be married to his Cousin, Miss Mathew, but was unwilling to
solicit her. to accompany him, untill he should have obtained per-
sonal experience of the nature of the country to which he was
proceeding.
That, having obtained that experience, however, he wrote home
to Miss Mathew, and entreated her to follow him. That she
BOURKE TO GLENELG. 181
arrived accordingly in January. L832, and was Immediately married is37.
to Memorialisl at St. James's Church, Sydney. 17 lNov-
That, at the time of his so writing, and one inducement for his Momorialof
so doing was the Regulation then in force for giving Land to Ladies f. Mathew
upon their marriage; in accordance with which the wife of your soliciting land
Memorialist would haw been entitled to a Grant of Twelve Hun- £™g"
dred and Eighty (1,280) acres. tion for wife. ,
That, under thai Regulation, the wives of several Officers of the
same Department as .Memorialist obtained such Grants, although
their engagements were of much more recent standing.
But that, while Miss Mathew was on her passage to this Colony,
and about one fortnight only before her actual arrival, orders were
received by the Colonial Government Cor the discontinuance of the
Regulation in question.
That, in the Regulations recently published relating to additional
Grants, her Majesty's Government has distinctly recognised the
principle that, all expectations ought to he fulfilled, under which
persons have been induced to leave England.
That it is evident Mrs. Mathew left England in the expectation
•of receiving the same Grant, which had been bestowed on others in
similar circumstances, and. as many eligible spots then open have
since been selected, has suffered much disappointment and loss in
not having hitherto obtained it.
That your Memorialist prays therefore that she may be now
permitted to select the quantity to which she would have been
entitled, had the Regulation continued in force, under which she
was induced to leave England.
And your Memorialist, as in duty bound, shall ever pray, etc.
Felton Mathew, Town Surveyor.
Sydney. X. S. Wales. 26th November, 1S37.
Sir Kichard Bourke to Lord Glexelg.
(Despatch No. 116. per ship North Briton; acknowledged by
lord Glenelg, 4th June, 1838.)
My Lord, Government House, 17 Xovember, 1837.
I have the honor to transmit a Petition from William Transmission of
Buckley,* formerly of the 4th Regiment of Foot, and transported w. Buckley""
to these Colonies nearly forty years ago. Shortly after his
arrival he absconded, when at Port Phillip with Major Collins, Career of
and remained as he relates for thirty-two years with a native
tribe of the district, by whom he was adopted. Upon the appear-
ance of Mr. Batman on the shores of Port Phillip, Buckley made
himself known to his countrymen, to whom he rendered some
service as an interpreter and mediator between them and the
aborigines. He obtained presents and a salary of seventy five Salary granted
pounds a year from the Port Phillip Association, which salary is
continued to him by this Government. He asks in addition for a
Grant of Land, and appears to apprehend destitution in his old
age. He has, however, been very carefully attended to, and pro-
vided with everything needful; and, as his services with the
* Note 54.
182
HISTORICAL KECORDS OP AUSTRALIA.
1837.
17 Nov.
Pension
recommended.
Memorial of
W. Buckley
soliciting
land grant.
IS Nov.
Memorial
•received from
W. Barton.
Reasons for
confirming
previous
refusal of
land grant.
aborigines are sometimes required at a great distance from the
Settlement, he has had a horse given to him. I believe he would
wish in future to be exempted from any duty ; and, as he is
growing old and in consequence of the services he has rendered
as an interpreter and mediator, I beg leave to recommend that
he be allowed a Pension of One Hundred Pounds a year, and a
gratuity of one year in advance. I have, &c,
RlCHD. BOURKE.
[Enclosure.]
Memorial of W. Buckley.
To His Excellency Lieutenant General, Sir Richard Bourke,
Governor of New South Wales, etc., etc., etc.
The Humble Petition of William Buckley of Port Phillip, praying
that he may receive the indulgence of a Grant of Land or such
other assistance as to Your Excellency may seem fitting, in order
that your Petitioner may not in his old Age be reduced to distress.
Your Petitioner presumes not to make this request on the ground of
his own deserts, but on the circumstance of his having, during a
period of Thirty two Years, resided amongst the Natives of Port
Phillip, without ever having during that period seen a White man.
And also Your Petitioner respectfully Sheweth that, on the arrival
of the party who first commenced sending Stock and Settling on the
Said Territory of Port Phillip, Your Petitioner was instrumental
in explaining the nature and object of their being there, and by
this means inducing an amicable understanding between them.
That Your Petitioner, from his Age and his having been separated
from Civilized Life during Thirty-two Years, is unable to gain his
livelihood as others are; and further he has (by .joining his Coun-
trymen) so far displeased his adopted Countrymen during Thirty-
two Years, the Natives of Port Phillip, that he could not with that
Safetj', comfort, or Satisfaction (which he heretofore enjoyed)
again join them ; he therefore most earnestly and respectfully
entreats the humane consideration of Your Excellency to his very
peculiar case, And your Petitioner, as in duty bound will ever
pray. [Unsigned.]
Lord Glexelg to Sir George Gipps.
(Despatch No. 28. per ship Fergusson.)
Sir, Downing Street, 18th November, 1837.
I have received Sir Kichard Bourke's dispatch No. 41 of
the 7th June last, transmitting the Memorial of Mr. William
Barton praying for a Grant of Land in New South Wales.
I can perceive no reason for departing from the Earl of Ripon's
decision on this case. The distinction, which Sir Richard Bourke
has pointed out between this case and that of Mr. Dawson, to
which reference is made by the Memorialist, appears to me
conclusive.
Mr. Barton, with a view to his own interest and not on any
public ground whatever, deliberately abstained from applying-
for land until the Regulations were altered.
BOURKE TO GLEXELG. 183
The condition was indeed imposed on him by his Employers, ^^J;
the Australian Agricultural Company; but to this arrangement '
with that Body the Government were in no sense parties. Mr. ^Xming"
Barton has had the benefit of the terms, which he made with them previous
and now asks to be relieved at the Public expense from the in- Lid grant,
convenience to which those terms subjected him. Mr. Barton
indeed urges that he confidently expected the Regulations would
remain unchanged during the whole term of his engagement with
the Company. It is however unquestionable that no pledge to
this effect was given by the Government, nor could a continued
adherence for any lengthened period have been reasonably an-
ticipated to a system little adapted to a more advanced condition
of the Colony.
I am the more anxious not to establish unadvisedly a prece- Disinclination
dent of concession in Mr. Barton's case, when I observe what precedent!
weight is attributed by that Gentleman to the supposed precedent
afforded by the case of Mr. Dawson, altho' very materially dif-
ferent from his own. When so much importance is attached to
any measure of the Government respecting land, it is indis-
pensable that they should act with the utmost circumspection on
that subject. I have, &c,
Glexelg.
Sir Richard Bourke to Lord Glexelg.
(Despatch Xo. 115. per ship North Briton: acknowledged by
lord Glenelg, 10th August. 1838.)
My Lord, Government House, 18th November, 183-7.
At the request of Mr. Anderson, a retired Xaval Surgeon, Transmission
and now Colonial Surgeon in Xew South Wales, I have the honor °[ Anderson"
to transmit for your Lordship's consideration the copy of a letter
addressed by him to the Secretary of this Government. I have
at the same time great pleasure in bearing testimony to the excel- Testimony in
lent character and conduct of Dr. Anderson, and to the zeal and M^Anderson.
intelligence with which he has discharged his professional duties
for the last six years almost under my eyes at Parramatta.
Doubtless there may be other cases in which considerable merit
may be brought forward in support of similar claims by Colonial
Surgeons, and possibly as strong an inclination and as sufficient
a motive to retire. It will therefore be for your Lordship's con-
sideration whether it might not be advisable to establish some Retiring
scale of retiring allowance for Colonial Medical officers in Xew proposed**
South Wales to be paid from the Convict Fund. I transmit a ford^lo1nial
Return of the Pay and Allowances of those officers. In conclud- officers,
ing this despatch I would briefly repeat the opinion I have
184
HISTORICAL RECORDS OF AUSTRALIA.
1837.
18 Nov.
Necessity for
appointment of
army surgeons.
formerly expressed that, as the head of the Colonial Hospitals in
^ew South Wales is an officer of the Army Medical Department,
it has become not merely expedient but almost necessary to place
the whole of these establishments under Army Surgeons and As-
sistant Surgeons. t I have, &c,
KlCHD. BOURKE.
[Enclosures.]
[Copies of these papers are not available.^
20 Nov.
Letter received
from J. Lamb.
Lord Glenelg to Sir George Gipps.
(Despatch marked " Separate," per ship Fergussou.)
Sir, Downing Street, 20 November, 1837.
With reference to my dispatch of this date No. 29, I have
to acquaint you that I have received a communication from Mr.
J. Lamb, bearing date the 14th June last, in which he adverts
to the fact that it had been intimated to him by the Colonial
Secretary that the Governor declined to hold further corre-
spondence with him and encloses duplicates of the correspond-
ence, which accompanied Sir Kichard Bourke's dispatch, No. 53.
You will have the goodness to acquaint Mr. Lamb that his
complaint was forwarded by Sir Richard Bourke on the 26th June
m last; and you will exercise your own discretion as to the extent
to which it may be right to communicate to Mr. Lamb the obser-
vations on his complaint contained in my answer to that dispatch.
I have, &c,
Glenelg.
for J. Lamb.
Despatch
acknowledged.
Regret at
withdrawal
of assigned
servant from
J. Lamb.
Lord Glenelg to Sir George Gipps.
(Despatch No. 29, per ship Fergusson.)
Sir, Downing Street, 20 November, 1837.
I have received your Predecessor's dispatch No. 53 of the
26th June last, with the representation therein enclosed from
Mr. John Lamb, on the subject of the withdrawal of his assigned
servant William Elliot.
I cannot but regret that Mr. Brennan, the Acting Principal
Superintendant of Convicts, and Mr. Holder, the Police Magis-
trate, should have adopted the measure of removing Mr. Lamb's
assigned servant without awaiting the previous instruction of
the Governor.
It was the exercise of an authority which was, to say the least,
doubtful, and the delay of waiting for the authority of the Gov-
ernor would have been attended with no apparent inconvenience.
It appears to me, on the evidence before me, that Sir Richard
Bourke judged rightly in confirming the removal of the Convict
BOUEKE TO GLENELG. 185
when the fad was brought to his knowledge. Perhaps it would 1S37.
have been more judicious to have complied with Mr. Lamb's "
request and to have afforded him an opportunity of knowing and Approval of
controverting the grounds of the proceeding. Sir Richard Sir R. Bourke.
Bourke's offer of another assigned servant in the place of the
man so withdrawn ought, I think, to have been accepted by
Mr. Lamb in a more conciliatory spirit and as a proof that no
injury was meditated against him.
Mr. Lamb's construction of the communication made to him
respecting the temporary restoration of Elliot's services seems Refusal by
to me unreasonable, and might not unnaturally lead to a deter- cOTre'spradence
mination on the part of Sir Richard Bourke to decline all fur- from J. Lamb.
ther correspondence with him on the subject. That determina-
tion, however, cannot but be regretted as having afforded Mr.
Lamb at least a plausible ground of complaint. To a certain
extent, indeed, it is justified by Mr. Lamb's implied menace of
resorting to the legal Tribunals for redress.
In the present state of the question, it does not appear to me instructions for
that there is any ground for my interference. If Mr. Lamb is compiSm? °f
prosecuting his legal remedies, it will of course be impossible to
interfere pending the trial of the Action. If he has not re-
sorted to those means of obtaining redress, then it would seem
desirable that you should place Mr. Lamb in possession of the
grounds of Sir Richard Bourke's proceeding; that you should
receive and consider any refutation of those grounds which Mr.
Lamb may offer, and should then adopt whatever decision you
may find just respecting the future disposal of the Convict
Elliot. I have, &c.,
Glenelg.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 117, per ship North Briton; acknowledged by
lord Glenelg, 13th June, 1838.)
My Lord, Government House, 20th November, 1837.
At the request of Mr. Jeffrey, a Landing Waiter at Syd- Transmission of
ney, I have the honor to transmit his Memorial for a Grant of ^Jeffrey/1"0™1
Land, addressed to Your Lordship. Mr. Jeffrey states all the
particulars of his case, of which I have no reason to doubt the
correctness as far as they relate to himself; but I have no know-
ledge of an officer similarly circumstanced having received a
Grant within the period of my Government.
I should add that Mr. Jeffrey is a very diligent and useful
officer and a gentleman of unexceptionable character.
I have, &c,
Richd. Bourke.
186
HISTOKICAL RECORDS OF AUSTRALIA.
1837.
20 Nov.
Memorial of
T. Jeffrey
soliciting
land grant.
[Enclosure.]
The Memorial of Thomas Jeffrey, Landing Waiter in Her Ma-
jesty's Customs at the Port of Sydney, New South Wales,
To the Right Honorable Lord Glenelg, Secretary of State for the
Colonies.
Humbly Sheweth,
That your Memorialist was appointed by the Right Honorable
the Lords of the Treasury in the month of August, 1830, and arrived
in the Colony in May, 1831, and immediately entered on the duties
of his office. At the time your Memorialist received his appoint-
ment, it was usual to allowr emigrants of respectability Grants of
Land on their arrival in the Colony, and it was under this impres-
sion that your Memorialist sought an appointment in New South
Wales ; but your Memorialist, to his regret, wras given to under-
stand on his reaching the Colony that he could not receive a Grant
of Land while he held his present appointment. Your Memorialist
has, however, subsequently learnt that Grants were given to the
Civil Officers of the Colony similarly circumstanced with your Me-
morialist. He therefore submits to your Lordship his claim to be
considered as entitled to share in the advantages, which other
Officers derived from their emigration, in conformity with the prac-
tice existing in the Colony.
Your Memorialist would further beg to state that he incurred an
expense of One Hundred and Seventy five Pounds for the passage
of himself and wife to Sydney, without receiving the moiety of his
Salary from the date of embarkation to that of his arrival, and
which he wTas led to suppose would be paid, as your Memorialist
was appointed to supersede an Acting Officer, who was allowed Two
Hundred and Fifty Pounds for the performance of the duties until
the arrival of your Memorialist, whose salary was fixed at Three'
Hundred Pounds per annum. And your Memorialist therefore sub-
mits that being deprived of this assistance, which is generally
allowed to Officers proceeding to the Colonies to fill vacancies, adds
to his claim to your Lordship's favorable consideration of his pre-
sent application to be allowed a Grant of Land.
And your Memorialist, as in duty bound, shall ever pray.
Thos. Jeffrey.
Custom House, Sydney, 4th November, 1837.
21 Nov.
Interest
received by
officials on
public money
deposited
in banks.
Sir Eichard Bourke to Lord Glenelg.
(Despatch No. 118. per ship North Briton; acknowledged by
lord Glenelg, 30th August. 1838.)
My Lord, Government House, 21st November, 1837.
My attention having been drawn to the fact of interest at
4 per cent, being- allowed by the banks of Sydney on deposits, I
called upon the officers in collection of Eevenue under this Gov-
ernment to report the amount of interest received by them to
the 31st December of the last year, on account of public money
lodged by them in the banks previously to paying- into the Trea-
sury at the regulated periods. I have the honor to transmit the
BOURKE TO GLENELG. 18^
replies of the Collector ()i Internal Revenue, Collector of Cus- 1837
i i-« . -»«■ r^ i 21 Nov.
toms, and Post Master (jreneral.
I directed those officers to be informed that, as neither the J£*|[®
Treasury Instructions of the 9th June, 1826, nor any other In- offlcialson
structions from His Majesty's Government, authorise their re- depoSted°ne>
ceipt of the interest in question, I propose to request the com- inbanks.
mauds of the Secretary of State for the Colonies on the subject.
In the meantime, the officers are held answerable to this Govern-
ment for the amount of interest they receive, and are to be
ready to pay it into the Colonial Treasury when called upon.
Your Lordship is aware that two and a half per cent, is interest on
allowed by the banks upon the public monies left by the Colonial Seriated by
Treasurer in their hands, the amount of which is placed to the treasurer,
credit of the public.
I have the honor to request your Lordship's instructions.
I have, &c.
Richd. Bourke.
[Enclosures.]
[Copies of these papers are not available.]
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 119, per ship North Briton: acknowledged by
lord Glenelg. 30th June. 1838.)
My Lord, Government House, 22nd November, 1837. 22 Nov.
In reply to your Lordship's despatch of the 26th May last, Despatch
marked Separate and Confidential, I have the honor to state that
with reference to the concluding paragraph I caused a notice* to
be inserted in the Government Gazette, of which I transmit a
copy.
Referring to your Lordship's enquiry as to the number of Con- Number of
victs who may be profitably employed upon the Public Works required on
in this Colony, I have the honor to transmit the copy of a Me- public works.
morandum from Major Barney, Commanding Royal Engineer on
this station. I concur entirely in the opinion expressed by this
officer, having no doubt that from four to five thousand convicts
might be immediately and profitably employed on works of great
importance to the welfare and security of the Colony.
To subject this enlarged number of Convicts in public employ Additional
to an efficient control, which is another branch of Your Lord- reqS-ed.
ship's enquiry, will require the constant presence of another
Regiment of Infantry, if the present system of Military surveil-
lance, which I have lately adopted, be approved and continued.
I am indeed convinced that the Colony does not possess the
means of furnishing any adequate number of civilians to keep
* Note 55.
188
HISTOEICAL RECORDS OF AUSTRALIA.
1837.
22 Nov.
Advantage of
supervision
of convicts
by military.
Proposed
abolition of
assignment
of convicts.
the working gangs in proper control, and that the employment
of Military officers as Assistant Engineers, and of non-commis-
sioned officers and Soldiers as Overseers and Guard is at once
the cheapest and most efficient arrangement that can be effected
here. I would add that under this system ten thousand convicts
might be employed with great benefit to this Colony; but I
apprehend the increased charge on the British Treasury would
be considered excessive. Nor do I think the Colonists would
willingly contribute to this enlarged expenditure on Public
Works in the proportion they now bear, if at the same time the
expenses of Gaols and Police be borne by them, and the whole
produce of the Land Revenue be applied to Immigration.
The abolition of Assignment to private service will therefore
necessarily limit the transportation of offenders to this Colony
to an amount probably not exceeding one sixth of the number
usually sent out. If the abolition be resolved on, it should with-
out doubt be gradual, as the sudden interruption of the accus-
tomed supply of labour would occasion much distress. Early
notice of the intention to contract the supply should be given
to this Government, that regulations may be introduced for
diminishing assignments upon equitable principles.
I have, &c,
Richd. Bourke.
[Enclosures.]
[A copy of the memorandum is not available.']
23 Nov.
Despatch
acknowledged.
Inability
to appoint
J. Kinchela
as judge.
Lord Glenelg to Sir George Gipps.
(Despatch No. 31, per ship Fergusson.)
Sir, Downing Street, 23 November, 1837.
I have received Sir Richard Bourke's dispatch. No. 46
of the 15th June last, proposing the retention of Mr. Kinchela
on the Bench in the event of a fourth Judge being appointed for
New South Wales.
On the subject of the appointment itself, I shall again address
you when I shall have had an opportunity of conferring with the
Lords Commissioners of the Treasury. But, with regard to the
nomination of Mr. Kinchela to that office, I think it right to
communicate to you my sentiments without further delay in
order that you may not, in consequence of Sir Richard Bourke's
recommendation, omit to avail yourself of any other suitable
opportunity of providing for Mr. Kinchela.
Entertaining as I do the highest respect for Mr. Kinchela, I
am yet constrained to say, and I say it with very sincere regret,
GLENELG TO GIPPS. 180
that 1 regard the. peculiar infirmity under which he labors to be 1837.
an insuperable obstacle to his employment on the Bench. I "
cannot, therefore, hold out the expectation thai it will be in {^J*^
my power to recommend him to Her Majesty as the 4th Judge, J. Kinchela
should such an appointment take place. I have, &c,
Glenelg.
Sib Richard Boi rke to Lord Qlenelg.
(Despatch No. 120. per ship North Briton.)
My Lord, Government House, 23rd November, 1837.
1 have the honor to acknowledge the receipt of your Lord- Despatch
ship's despatch of the 14th February. 1837, No. 263, covering *cknowledsed-
sundry papers from the Secretary to the Treasury and Depart-
ment of Ordnance and calling my attention to the concluding
paragraph of Mr. Spearman's letter, in which a report is required
from me whether I approve of the arrangements mentioned in
those papers.
I have the honor to inform your Lordship in reply that I ap- Approval of
prove of all the proposed arrangements except the allowance for J^anS ™
Climate Pay in the Ordnance Storekeeper's Department, for storekeeper
which I consider no case can be made out in so healthy a country p*yep
as New South Wales.
The respective officers have recommended Barrack Sergeants Approval of
from amongst the Pensioners, and discharged non-commissioned appointments,
officers in the Colony. I have approved of their nominations.
They further state they have recommended the confirmation in
the Storekeper's Department of four clerks, now in the Colony,
and that the fifth is to be expected from England. I would re-
commend that the appointment of Barrack Sergeants be made in
the Colony as at present, but that Clerks should in future be sent
out from England. I have, &c,
KlCHD. BOURKE.
Lord Glexelg to Sir George Gipps.
(Despatch No. 32, per ship Fergusson.)
Sir, Downing Street, 24th November, 1837. 24 Nov.
I have had under my consideration Sir Richard Bourke's Despatch
dispatch No. 20 of the 11th April last, with its enclosures, on the a<*nowledsed-
subject of the disposal of the Estates originally granted to the
Church and School Corporation in New South Wales.
In requesting your early attention to this subject, I have some
hesitation in giving you. positive Instructions as to the course
which it may be expedient to pursue. At the same time I feel a
very strong disinclination to sanction the retention of these lands
190
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
24 Nov.,
Instructions re
disposal of
clergy and
school estates.
in the hands of the Government as a permanent arrangement.
Experience has, I think, demonstrated the error of anticipating
any considerable revenue from the reservation of Colonial Lands
with a view to the application of the rents to some specific object.
The expense of management has in many instances exceeded
and in others nearly equalled the receipts derived from them, and
I see no sufficient reason to justify the expectation of a materi-
ally different result in the present instance.
I am therefore strongly disposed to think that the proper course
will be gradually to sell these lands precisely in the same manner
as other lands in New South Wales at the disposal of the Crown,
taking of course adequate precautions in effecting this object,
against the effect apprehended by Sir Richard Bourke of a depre-
ciation in the value of the lands offered for sale by the Gov-
ernment.
There can be no objection to leasing a portion of those lands
until they are capable of being sold with advantage; but such
leases should be on terms which will not interfere with the dis-
posal of the lands, whenever it may become advisable to offer
them for sale.
Unless you should entertain any strong objection to the course
which I have recommended, you will consider yourself fully
authorized to act on it at once. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 33, per ship Fergusson.)
Sir, Downing Street, 24 November, 1837.
Report required Referring to my Dispatch No. 222 of the 30th October,
e ms ey. -j^ggg^ j ^eg. to gay ^nat j have received a renewed application from
Mrs. Helmesley relative to the fate of her Husband; and I have
to request that no time may be lost in transmitting any particu-
lars which it may be possible to obtain on that point, if it shall
appear that your Predecessor has not already done so. No such
information has as yet reached this Department. I am, &c,
Glenelg.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 121, per ship North Briton.)
My Lord, Government House, 24th November, 1837.
In the Estimates of Expenditure for this Colony for the
year 1838, a considerable sum has been appropriated for Public
Proposed iron Works. Amongst these is a proposed Iron Bridge over Wallis's
Maitknd. Creek at Maitland. Preference has been given to a bridge of iron
BOURKE TO GLENELG. 191
to one of any other material, for the reasons given by Major 1837.
Barney of the Royal Engineers, in the letter of which a copy is "
transmitted. It is proposed, as your Lordship will perceive, that Request for
. , Tni p t-i -i 1 -i-ri approval of
the materials shall be sent out irom hnglaml, and I have to shipment of
request your Lordship to authorise the Colonial Agent to procure matenals-
them according to instructions transmitted to him by the Secre-
tary to this Government. I have, &c,
RlCHD. BOURKE.
[Enclosure.]
(.1 copy of this letter is not available.']
Sir Richard Bourkb to Lord Glexelg.
(Despatch No. 122, per ship North Briton.)
My Lord, Government House, 25th November, 1837. 25 Nov.
In reply to your Lordship's despatch of the 20th April Payments made
last, No. 297, enclosing an application from Mrs. Gray for pay- y ' ray"
ment of an allowance of three pounds per month from her hus-
band, a Pilot of this port, I have the honor to state that pay-
ments have been made to the 30th June last, and reported to the
Colonial Agent in London, and that further Quarterly payments
will be required and enforced. I have, &c,
RlCHD. BOURKE.
Sir Richard Bourke to Lord Glexelg.
(Despatch No. 123. per ship North Briton.)
My Lord. Government House, 26th November, 1837. 26 Nov.
Having furnished to Mr. Robert Campbell, of Sydney, a Transmission
" letter fro
Campbell.
copy of your Lordship's despatch of the 2nd January last, £le1
No. 250, in which he is called upon to render back to this Gov-
ernment an over-payment of Two Thousand Pounds made to him
in 1825, and informed that, if he declines to pay, he is to be
sued for the amount, I have the honor to transmit a letter
addressed by him to Your Lordship in reply to that com-
munication.
Your Lordship will perceive that Mr. Campbell refuses to pay. Refusal to
I therefore obtained the opinion of the Attorney General upon overpayment,
the power possessed by Government to compel him, and his
advice as to the mode of proceeding. I transmit herewith a copy
of the Attorney General's opinion on the case. It will be for
your Lordship, upon a full consideration of these papers, and Proposed
bearing in mind the difficulty of proof and the leaning of Juries leg&1 actlon-
against the Crown in cases such as these, to determine whether
192
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
26 Kov.
Objections to
R. Campbell
as member
of council.
a suit shall be instituted. If your Lordship shall determine in
the affirmative, the proceedings to be had in England, to which
the Attorney General refers, will require immediate attention.
It appears to me that, in considering the whole conduct of
Mr, K. Campbell in this transaction, the style and temper of the
letter he addresses to your Lordship, and the very unfair attacks
he has made upon me for the performance of a plain and simple
act of official duty, that Mr. Campbell is not a fit person to
remain as a Nominee of Her Majesty in the Legislative Council
of this Colony.
If your Lordship will take the trouble to look at my despatch
of the 11th June, 1836, you will perceive with what little founda-
tion Mr. Campbell alleges that I had in reporting his case used
the influence of my rank and station to injure him.
I have, &c,
RlCHD. BOURKE.
[Enclosures.]
[Copies of these papers are not available.']
27 Nov.
Despatch
acknowledged.
Relationship of
Sir J. Jamison
to member
of council.
Denial of
claim of
P. P. King
to seat in
council.
Lord Glenelg to Sir George Gipps.
(Despatch No. 36, per ship Fergusson.)
Sir, Downing Street, 27 November, 1837.
I have received Sir Richard Bourke's dispatch No. 37 of
the 3d June last, enclosing, with reference to his previous dis-
patch of the 17th May, a further letter from Captain King, R.N.,
on the subject of his claim to a seat in the Legislative Council
of New South Wales.
This dispatch brings to my knowledge the fact that there sub-
sists as near a degree of relationship between Sir John Jamison
and one of the Members of Council as that existing between Cap-
tain King and Mr. McArthur.
I regret that I was not aware of that circumstance when the
nomination of Sir John Jamison to a seat in the Legislative
Council was first notified to me, as I should certainly have hesi-
tated to advise Her Majesty to confirm an appointment, which
serves to create another family connection in so small a Body.
I must however decline the further discussion of this undesir-
able and unnecessary topic, because I cannot acknowledge that
Captain King has any such claim to be appointed a Member of
Council, as should interfere with the perfect competence of the
Government freely to exercise their judgment in this matter,
without the slightest imputation of breach of faith.
I have, &c.
Glenelg.
BOUBKE TO GLENELG. 193
Sir Richard Bourke to Lord Glenelg. 1837.
27 Nov.
(Despatch No. 124, per ship North Briton.)
My Lord, Government House, 27th Novr., 1837.
I have to acknowledge the receipt of your Lordship's des-
patch of the 18th February last, No. 269, and to state that, with
reference to the concluding' paragraph of Mr. Stephen's letter to
Sir John Barrow of the 14th of the same month, I have con- Payment of
sidered it equitable to allow Mr. David Thompson, R.N., who fUrgeonsSin°
came out in charge of the emigrants in the John Barry, the jJSGraiita
gratuity of One Hundred Pounds for his services, leaving Fifty
Pounds to be received by Dr. Boyter.
I have also allowed Dr. Roberts, R.N., who arrived with emi-
grants in the William Nicol, bearing your Lordship's despatch of
the 17th June last, marked Separate, the gratuity of One Hun-
dred Pounds, leaving Fifty Pounds to be received by Dr. Boyter.
The pay and other allowances set forth in their Instructions,
and sanctioned by your Lordship, have been issued both to Sur-
geon Thompson and Dr. Roberts. I have, &c,
RlCHD. BOURKE.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 125, per ship North Briton.)
My Lord, Government House, 2nd Deer., 1837. 2 Dec-
Referring to your Lordship's Despatch of the 6th June
last, and its enclosures, in which I am informed that it was not Expenditure
intended that the expenses of the Colonial Marine of New South marine!"3
Wales should be defrayed out of the funds applicable to convict
charges, under the arrangement communicated by the Secretary
of the Treasury to Sir George Grey on the 23rd September, 1834,
I beg leave to state that, in that communication, the cost of Cost of
conveying Troops and Convicts by sea is specified as still to be troopJa"? °f
borne by the British Treasury. The Vessels named in the Esti- convicts by sea.
mate of the Deputy Commissary General, of which an extract is
enclosed in Mr. Spearman's letter, are solely maintained for
Military and Convict services. They are constantly employed
in conveying prisoners and Stores between Sydney and the Penal
Settlements of Norfolk Island and Moreton Bay. It was indeed
at one time proposed to reduce them, and to trust to procuring
freight for carrying on this service; but, after very mature con-
sideration, it was found that the conveyance by freight ships
would be uncertain, and much more expensive than the main-
tenance of the two vessels in question. If, however, the Lords
of the Treasury should desire it, there will be no objection
whatever on the part of the Colonial Government immediately
Ser. i. Vol. xix— n
191
HISTORICAL RECORDS OF AUSTRALIA.
1837.
2 Dec.
Proposed
adjustment of
staff and
charges.
to reduce the vessels and leave to the Deputy Commissary General
the charge of procuring freight ships for the conveyance of
Military Guard, prisoners, and convict stores, between the ports
before mentioned. The two vessels being solely employed on the
duties I have enumerated, your Lordship will, I apprehend, ap-
prove of my continuing to charge them on the Military Chest.
On the Estimate referred to, the Clerk to the Master Attendant,
who is also Colonial Harbour Master and who does the duty of
the first named appointment without additional pay, may be
transferred to the Colonial Fund as the Harbour Master's Clerk,
leaving the Assistant Clerk a charge on the Military Chest. The
Messenger may also be transferred to the Colonial Fund; but the
constable and overseer, being employed about the Dock Yard
chiefly when one or both of the vessels are in port, should con-
tinue a charge on the Chest. The charge for Boats, amounting
to £123 13s. 4d. a year, may be placed to the Colony. I have
given directions that these transfers take place from the 1st Janu-
ary next. If the vessels are to be reduced I expect the honor of
your Lordship's further commands. I have, &c,
ElCHD. BOURKE.
3 Dec.
Despatch
acknowledged
re resignation.
Proposed
departure of
Sir R. Bourke.
Sir Bichard Bourke to Lord Glenelg.
(Despatch No. 126, per ship North Briton.)
My Lord, Government House, 3 December, 1837.
I have the honor to acknowledge the receipt of your Lord-
ship's Despatch of the 3rd July last, No. 335, conveying to me
Her Majesty's gracious acceptance of my resignation of this
Government.
I have accordingly made arrangements for embarking on board
the Samuel Winter for Valparaiso on the 5th inst., leaving the
administration of this Government in the hands of Colonel
Snodgrass, the officer next in command.
From Valparaiso I propose to proceed without much delay to
London. I have, &c,
Bichd. Bourke.
4 Dec.
Application by
J. A. Curtoys.
Sir Richard Bourke to Lord Glenelg.
(Despatch No. 129, per ship North Briton; acknowledged by
lord Glenelg, 1st June, 1838.)
My Lord, Government House, 4th December, 1837.
I have the honor to transmit a copy of a letter which has
been addressed to me by Mr. J. A. Curtoys, a native of Spain,
residing in Sydney, requesting to be made a Denizen of this
Colony.
BOUEKE TO GLENELG. 195
Believing that Mr. Curtoys is a very respectable man, I have 1887.
much pleasure in recommending his application for that sanc-
tion on the part of Her Majesty, which is necessary* to enable SjJiSttoita
the Governor of this Colony to comply with it. be -ranted.
I have, &c,
KlCHD. BOURKE.
[Enclosure.]
Mr. J. A. Curtoys to Sir Kichard Bourke.
Sir, Sydney, 25th November, 1837.
I beg most respectfully to solicit your Excellency's favor of Request by
submitting to Her Majesty's Government my humble request that £ A F™'*0*!8
Letters of Denization be granted to me in order that those dis- denization,
abilities, to which as a Spaniard I am subject in conformity with
the law of England regarding aliens be removed, and I may there-
fore enjoy the rights of an English subject.
My residence of five years in England and upwards of two years
in this Colony, my being married to an English woman, and having
a Son born in England are circumstances, which justify, I trust,
my hopes that Her Majesty will graciously condescend to grant
me the object of this petition, if supported by your Excellency's
powerful recommendation, for which I beg also to crave your
Excellency's special favor. I have, &c,
J. A. Curtoys.
Sir Eichard Bourke to Lord Glexelg.
(Despatch No. 130, per ship North Briton; acknowledged by
lord Glenelg, 9th June, 1838.)
My Lord, Government House, 4 Deer., 1837.
Adverting to the appointment of Mr. Henry Fisher to the Resignation
Estates of the late Church and School Corporation, which was of H- FVher-
approved by Secretary Lord Stanley in his Despatch of the date
and number in the margin,f I have the honor to inform your
Lordship that this gentleman resigned his employment on the
29th ulto., and that I have appointed Wm. Macpherson, Esq., Appointment of
now Clerk of the Council, to succeed him under the provisions to'cha^ge^r0"
of the act of Council 5 Gul. IV, No. 11 (1834), until Your clergy Imd
T,,.,, .. school estates.
Lordship s pleasure is known.
Mr. Macpherson has, in the present state of the Council, full
leisure to discharge the duties of both offices, and I can confi-
dently recommend him for confirmation in the last appointment,
if no augmentation be made in the business of the Councils by
the Act of Parliament abowt to be passed for the administration
of New South Wales. I may add that I could not at the moment
name any Person in the Colony so well qualified for the appoint-
ment as Mr. Macpherson.
The cause of Mr. Fisher's retirement is, I regret to say, a Deficiency in
deficiency in his payments as Collector to something more than ^Fishe^1
£2,000. Measures have been taken for securing the public from
* Note 56. t Note 57.
196
HISTORICAL RECORDS OF AUSTRALIA.
1837.
4 Dec.
loss, and Mr. Fisher confidently expects that, before the expira-
tion of six months from this day, the whole deficiency will be
made good. A further statement of this transaction will be
transmitted to Your Lordship when the Crown Solicitor has had
time to examine more closely the amount of Mr. Fisher's assets.
I have, &c,
RlCHD. BOURKE.
5 Dec.
Reference of
applications
from colonists
to governor.
Lord Glenelg to Sir George Gipps.
(A circular despatch* per ship Fergusson; acknowledged by
Sir George Gipps, 16th May, 1838.)
Sir, Downing Street, 5 December, 1837.
I have received from Mr. Isaac Scott Hind\ a Letter dated
" Paterson, the 10th of August last," bringing under my con-
sideration his claim to two Sections of Land in New South Wales,
This communication having been sent to me from the Colony
by the Writer, and not having been transmitted through you, I
have to desire that you would apply to the Writer for a Copy of
it, and that you would forward that Copy to me, accompanied by
such a report as the case may appear to you to require.
I have, &c,
Glenelg.
[Similar despatches were written, hearing the same date, ashing
for reports relating to : —
Application by Mrs. Swan for assignment of her husband,
Robert Swan.
Request for land grant by John Murray as out pensioner of
50th regt.
Letter from John Pascoe Fawkner re land granted to John
Batman.]
6 Dec.
Transmission of
proposals
re civilisation
of aborigines.
Lord Glenelg to Sir George Gipps.
(Despatch No. 38, per ship Fergusson.)
Sir, Downing Street, 6 December, 1837.
I have the honour to transmit to you the enclosed Extract
from a Communication, which I have received from Captain
Maconochie, R.N"., Private Secretary to the Lieutenant Gov-
ernor of Van Diemen's Land, and I beg to call your attention
to the suggestions which it contains with regard to the systematic
employment of the Aborigines in the protection and Civilization
of their Brethren. I have, &c,
Glenelg.
[Enclosure.]
[A copy of this extract, dated 23rd June, is not available.}
Note 58.
fNote 59.
DESPATCHES
TO AND FROM ENGLAND
DURING THE
Administration of Acting Governor Snodgrass.
When Sir Kichard Bourke sailed from Sydney in the ship
" Samuel Wynter " on the 5th of December, 1837, lieut. -colonel
K. Snodgrass, being senior military officer in the colony, assumed
the administration as acting governor. He held office until the
arrival of Sir George Gipps on the 23rd of February, 1838.
199
DESPATCHES,
December, 1837— February, 1838.
Lord Glenelg to Sir George Gipps.
(Despatch No. 39, per ship Fergusson ; acknowledged by
Sir George Gipps, 24th August, 1838.) 1837
Sir, Downing Street, 11th December, 1837. n Dec-
With reference to my Despatch No. 18 of the 31st of Octo-
ber, I have the honor to acquaint you that I have with the Con-
currence of the Lords Commissioners of the Treasury autho-
rized the Colonial Agent to issue to Mr. Digby the sum of One Advance to
Hundred and Fifty Pounds on account of the passage of himself
and his Wife to New South Wales, And also to provide in com-
munication with Mr. Digby some specimens of the most approved
methods of confinement used in the treatment of Insane Patients
in the Asylums in this Country. These charges will be subjected
to such Apportionment as it may hereafter be found advisable
to make between the Funds applicable to Colonial and Convict
Services. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 45, per ship Fergusson.)
Sir, Downing Street, 11th December, 1837.
I have received Sir R. Bourke's Despatches No. 69 and 77 Despatches
of the 27th July and 12th Augt, last, the former reporting the jfi^rfntl
arrival of the John Barry and Adam Lodge, Emigrant Ships, and
enclosing Lists of the deaths which had occurred on board those
Vessel; the latter Despatch transmitting a further report of
deaths amongst the Emigrants on board the John Barry, and
Enclosing the Minutes of Evidence taken before a Committee of
the Legislative Council, which contains the opinions of Drs.
Thomson and Osborne as to the causes of disease amongst the
Emigrants under their respective superintendence.
I deeply lament the extent to which disease appears to have
prevailed in both these vessels, and I lost no time, on the receipt
200
HISTORICAL RECORDS OF AUSTRALIA
1837.
11 Dec.
Transmission
of letter from
T. F. Elliot.
Transmission
of letter sent
to D. Boyter.
Transmission of
despatches re
fever amongst
immigrants.
Luggage stowed
between decks
on ship
John Barry.
Probable cause
of mortality
amongst
children.
of the Despatches before me, in communicating with the Agent
General for Emigration on the subject. I enclose for your in-
formation a copy of a letter, which I have received in conse-
quence from Mr. Elliot, enclosing a copy of a Communication,
which he has addressed to Dr. Boyter, bringing under his notice
the practical points arising out of the Statements which have
been received, and calling for any suggestions which he may be
enabled to offer on a review of them. I may safely assure you
that no measures will be omitted which experience has suggested,
or may hereafter suggest, as tending to the health and comfort of
Emigrants proceeding to the Australian Colonies under the Aus-
pices of Her Majesty's Government. I have, &c,
Glenelg.
[Enclosure]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 30th November, 1837.
In reference to the Dispatches received yesterday from the
Governor of New South Wales, reporting the arrival of the Emi-
grant ships " John Barry " and " Adam Lodge," I have the honor
to enclose for Lord Glenelg's information copy of a Letter, which
I sent on the subject by the same night's post to Dr. Boyter.
I am, &c,
T. Fredk. Elliot.
[Sub-enclosure.]
Mr. T. F. Elliot to Dr. Boyter.
Sir, Colonial Office, 29th November, 1S3T.
I have to transmit to you the Enclosed extracts of two Dis-
patches received today from the Governor of New South Wales,
reporting the arrival of the " John Barry " and the Adam Lodge on
the 13th July, and you will regret to observe that contagious fever
had broken out amongst the Passengers by the former vessel chiefly
towards the end of the voyage or after disembarkation.
You will acquaint the parties interested with the deaths that
have occurred. I do not see that any complaint was made of the
arrangement in the " John Barry " further than that of her having
been encumbered with Baggage between Decks, on which point I
enclose the statements made by Dr. Thomson in some evidence he
was called upon to give. He also says that the deaths of Children
were chiefly " owing to affections of the Bowels, arising from un-
suitable food." His Evidence at large will be transmitted to you as
soon as it can be copied, but there is nothing else in it in the nature
of objection to the arrangements in the Ships. I certainly am of
opinion that no luggage ought to be allowed between Decks, and
propose to make it a standing Clause in the instructions. When
the number of Passengers is restricted to the proportion of one to
every fifteen feet, as I explained to you when you were in Town,
there could be no difficulty whatever in enforcing this regulation.
The number of deaths among the Children is. I think, very prob-
ably attributable to some unsuitableness in the Dietary. The chief
experience hitherto in conveying large Bodies of People has been in
GLENELG TO GIPPS. 201
Ships carrying a much smaller proportion of Children than in the 1837-
Vessels we are now engaged in sending out. It is therefore no 11 Dec.
reflection at all upon the present officers, if it be found in this new
species of service that soino fresh arrangements have to be sug- o/mortldity"80
gested by experience as it accrues; and this matter of the food for amongst "
Children will I apprehend prove an example of what I mean. children.
My attention was first drawn to the subject by observing in a
letter from Dr. Galloway in the Augusta Jessie, written at Sea,
that much sickness had prevailed among the Children.
A Passage in the report of a Surgeon, who had gone out in one
of the London Committee's Ships, next fell under my observation,
adverting to the number of gastric complaints among the children,
and mentioning the expediency of having more of Sago, Arrowroot,
or some such Article for the use of the younger part of the Pas-
sengers. I did accordingly settle with Dr. Brock and Dr. Dobie
that, in the vessels now sailing under their charge, they should
guard against any deficiency in this respect. And I made a refer-
ence on the subject, which is still pending, to the Physician
General of the Navy. The accounts subsequently received from the
"William Nicholl," the "John Parry'' and "Adam Lodge" seem
all corroborative of the same view. I shall be glad to consider any
suggestions you may be disposed to make on the subject.
I am, &c,
T. Fred. Elliot.
Lord Glenelg to Sir George Gipps.
(Despatch No. 44, per ship Fergusson.)
Sir, Downing Street, 13 December, 1837. 13 Dec.
I have received a letter bearing date the 27th July last, Address
signed by the Eevd. John McGarvie as Clerk of Presbytery of acknowledged
New South Wales, enclosing an Address to me from the Min- Presbytery,
isters and Elders of the Presbytery, expressive of their satisfac-
tion with the regulations recently adopted in the Colony in
reference to the erection of Churches and the maintenance of
Ministers. I have to request that you will convey to that Body
the Expression of my sincere gratification in receiving this testi-
mony to the efficiency of those regulations and their adaptation
to the peculiar character and circumstances of the Country to
which they apply. You will assure them that Her Majesty's Assistance to
Government, anxious to extend as widely as possible the blessings PrSbyterians.
of Religious Instruction, feel it their duty to advance by all
proper means, and consistently with a just regard to the claims
of other denominations of Christians, the welfare and interests
of that valuable portion of Her Majesty's Subjects in New
South Wales, which is connected with the Church of Scotland,
and that I confidently rely on the zealous exertions of the Min-
isters of that Church to second the wishes and the efforts of
H.M. Govt, in the cause of moral and religious improvement.
202
HISTORICAL RECORDS OF AUSTRALIA.
1837.
13 Dec.
Intended
exclusion of
clergy from
council.
You will further acquaint them that it is not the intention of
H.M. Govt, to recommend in any future plan for the Govern-
ment of New South Wales, that the Bishop of the Church of
England or the Chief Minister of any Ecclesiastical Communion
in the Colony should have a seat in the Council.
I have, &c,
Glenelg.
14 Dec.
Reference of
papers to
T. F. Elliot.
Desire to
supply demand
for labour from
Great Britain.
Objections to
introduction
of Indian
labourers.
Lord Glenelg to Sir George Gipps.
(Despatch No. 46, per ship Fergusson ; acknowledged by
Sir George Gipps, 28th July, 1838.)
Sir, Downing Street, 14th December, 1837.
On the receipt of Sir Richard Bourke's Despatch No. 48
of the 17th June last, transmitting a Copy of the Votes and
Proceedings of the Legislative Council of New South Wales on
the 30th of May last, which comprized a Memorandum on the
introduction of Indian Labourers into New South Wales, I felt
it my duty to refer these Documents to the Agent General for
Emigration in a letter of which I now enclose a copy, together
with a copy of the answer which has been received from Mr.
Elliot.
Although not yet in possession of the Report of the Committee
of the Council which Sir R. Bourke stated his intention of pro-
posing to enquire into this subject, I cannot delay to express to
you my earnest hope that the encreasing demand for labour in
New South Wales may under the existing Arrangements, aided
by any modifications which experience may suggest, be effectu-
ally supplied from this Country. The Statement, which I now
transmit from Mr. Elliot, considered in connection with the
short period during which the present system has been in opera-
tion, and the other Channels through which Emigration to New
South Wales has been simultaneously carried on, tends strongly
to encourage this hope, and the detailed Report, which will be
laid before Parlt. early in the ensuing Year, will, I trust, afford
additional ground for anticipating the best results from the
measures recently adopted. On the other hand, I cannot but
apprehend that the introduction into the Colony of a consider-
able body of Indian Labourers, as proposed in the Memorandum
referred to, would have a prejudicial effect both on the interests
of the Colony and on British Emigration. Its tendency would
probably be to the permanent creation in the Colony of a dis-
tinct class of persons separated by origin and habits from the
rest of the labouring Population, subject to restrictions not
generally imposed, and regarded as of an inferior and servile
GLENELG TO GIPPS. 203
description. Such a system could scarcely fail to be injurious A8H7-
to the parties themselves, and, by bringing Agricultural Labour '
into disrepute, to discourage the immigration from this Country ^^taction0
of Agricultural Labourers, who, as the advantages offered to of Indian
them in New South Wales became more extensively known, may
reasonably be expected to avail themselves in larger numbers
than heretofore of the Opportunities of Emigration to that Coun-
try. With reference to the encreasing number of Emigrants
proceeding from this country to New South Wales under Gov-
ernment Auspices, my attention has been directed to the opinion,
expressed by several of the Witnesses examined by the Committee Necessity for
of the Council of New South Wales on Emigration in 18S5, that immigrants
an Agent at Sydney would be required as a medium of Com- at sydney-
munication between the Settlers and the Emigrants on their
arrival, as well as of correspondence with the Agent in England
as to the wants of the Colony, and other particulars on which
it is essential that authentic information should from time to
time be transmitted. It appears to me that such an officer would
be very useful in securing the efficiency of those Local arrange-
ments, which are indispensable to the welfare of the Emigrants
on their arrival, and in imparting alike to them and to the
Public in the Colony that early and correct information, which
will greatly facilitate their speedy and beneficial employment in
the service of the Settlers. He would further be of great use by
regularly transmitting to this Country details as to the location
of the Emigrants, and other particulars relating to their condi-
tion and circumstances. Such information will be required for
the completion of the periodical Reports to be prepared by the
Agent General, and to enable him to satisfy the enquiries of the
friends of the Emigrants.
If, after Communication with the Gentlemen, who have taken
the most active interest in this subject, you should concur with
me in this opinion, such an officer will be appointed with as little
delay as practicable. His Salary will be paid out of the Funds
applicable to Immigration, and I should wish you to suggest
the amount at which you think it ought to be fixed with reference
to the nature and extent of his proposed duties.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Sir George Grey to Mr. T. F. Elliot.
Sir, Downing Street. 4 Novr., 1837.
I am directed by Lord Glenelg to transmit to you for your Transmission
perusal the enclosed Copy of the Votes and Proceedings of the of papers re
Leg. Council of N. S. Wales on the 30th of May last, a considerable emi&ratl0n-
portion of which has an important bearing on the subject of
204
HISTOE1CAL RECORDS OF AUSTRALIA.
1S37.
14 Dec.
Demand for
labour in
colony.
Objections to
introduction
of Indian
labourers.
Statements
required.
Emigration. You will observe that the demand for labour in the
Colony is represented as far exceeding the supply, and that a pro-
posal has been made and was under consideration for the intro-
duction of Labourers from India. At the date of these proceedings,
the arrangements, made in the early part of the present year for
promoting Emigration from this Country to N. S. Wales on a more
extensive scale than had previously been adopted, were not known
in the Colony, and the subsequent information, which would be
received on this subject, would probably affect the deliberations on
the proposal to which I have referred.
The introduction of Labourers from India on the terms pro-
posed is an Expedient, which Ld. Glenelg wd. be unwilling to sanc-
tion without a very urgent necessity for a recourse to this mode of
supplying the deficiency of labour ; but, before he addresses any
Instructions to Sir G. Gipps on the subject, his Ldship. requests
that you will inform him of the number of Emigrants who have
already proceeded from this Country to N. S. Wales with the as-
sistance of the Govt, since the Commencement of the present year,
and of the probable number which may be expected to arrive there
under the existing Arrangements before the close of 1838.
I am, &c,
Geo. Grey.
Reasons for
delay in reply.
Returns of
emigrants.
Expected
sailings of
ships.
Estimated
number of
emigrants.
[Enclosure No. 2.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Colonial Office, 1 Deer., 1S37.
In reference to your letter of the 4th Ulto., I deferred an-
swering the enquiries it contained as to the probable number of
people, who cd. be introduced into the Colony of N. S. Wales before
the termination of 1838, until I could communicate with Dr. Boyter
as to the number that might be reckoned on from Scotland, and
until the " Orontes " should depart.
I have now the honor to report that, since the first Ship under
the new system of Emigration sailed on the 24th March, there have
gone 9 Ships to N. S. Wales containing 1,350 Adults and 1,350
Children, making 2,700 Souls.
The " Duncan " from Greenock will sail early in January, and
is likely to carry about 300 more, and a party is being collected to
go from Cork in February, which may be estimated also at 300,
making the total up to the end of Winter 3,300 souls.
Next is to be considered the period after winter. To reach the
Colony by the end of the Year, a ship shd. sail before the Month
of Septr. Dr. Boyter anticipates that 6 Ships might be sent from
Scotland at that time. And I think that four from Ireland (exclu-
sive of the one above mentioned as immediately in contemplation)
and four from Engld. form a reasonable Estimate of what may be
sent from these portions of the Kingdom. More shd. be sent if
practicable, but I on purpose make my calculations low to prevent
disappointment. At the very moderate average of 270 per Ship,
these Vessels wd. take 3.780 Souls in addition to the number of
3,300 despatched previously to March, making a total of 7,080 sent
to the Colony in little more than 17 months from the first Ship in
March, 1S37.
GLENELG TO GIPPS. 205
in rendering this Statement, I by no means wish to exaggerate 1837.
the importance of the results it Exhibits. It is impossible to read 14 Dec-
the recent accounts from the Colony without great sympathy in want of labour
the inconveniences they shew to be felt from the scarcity of hands; in colony.
and, under so pressing a demand, it is to he feared that the best
efforts at Home must for a while appear slow in correcting the
Evil. My attention, therefore, is far more occupied in considering
the wants of The Colonists, than in dwelling on what we may have
yet been able to do. With every allowance however for these
circes.. it is some satisfaction to observe, first that four or five times Progress in
as much has been accomplished during the present year as in any emigration
similar period before: and this too with a more than usual amount °
of other kinds of Emigration to the Colony at the same time, and
2ndly that, altho' the admixture of Children may render the full
extent of our operations less immediately sensible in the Colony,
the permanent effect on the population is not the less sure. In
fact, this is one respect in which, even with a view to numbers,
there must be a vast superiority in our well-assorted parties of
European Families, including a carefully secured equality of
females, as compared with any importations that cd. be made of
Chinese, who only come to go away, or of* Indian Coolies, who are
accompanied by a scanty proportion of Women, and who also stipu-
late to be returned to their own country. A supply from England
at the rate of nearly 5,000 Souls per annm.. on the principle I have
just described, cannot it may be hoped last long without producing
a very sensible impression on the state of X. S. Wales.
Far therefore from over-rating the past proceedings, which on the
Contrary I shall always think it my duty with the sanction of the
S. of State to lose no opportunity of improving upon and enlarging.
and still less from under rating the present wants felt in the
Colony. I confess it wd. nevertheless be a matter of Congratulation objections to
to me. if the preceding Statement slid, appear to afford any grounds introduction
for hoping that the Inhabitants may continue to prosper without "abolu-ers
introducing Indian Pdood into their Population, or Indian Habits
into their Industry. I am. &c,
T. F. Elliot.
Lord Glenelg to Sir George Gipps.
(Despatch marked " Private," per ship Fergusson.)
Sir, Downing Street, 14th December, 1837.
With reference to my Despatch Xo. 46 of this day's Date, Desire of
I have to inform you that Mr, J. D. Pinnock, who has for several to settle in
years been employed in this Department in connection with Emi- oolony-
gration, and who is still attached to the office of Agent General
for this Service, has expressed to me his desire to proceed to
Xew South Wales with a view to his permanent Settlement in
that Colony, provided he could entertain a reasonable prospect
of some suitable employment on his arrival. The experience,
which Mr. Pinnock has acquired in the details of Emigration,
especially to Australia, and the diligence and attention, with
which he has performed his duties in this Office, would under
206
HISTORICAL RECORDS OF AUSTRALIA.
1837.
14 Dec.
Proposed
appointment of
J. D. Pinnock
as emigration
agent at
Sydney.
ordinary circumstances have inclined me at once to nominate
him to the Office of Local Emigration Agent at Sydney, should
such an office be established. I am anxious, however, in an
appointment of this nature, to act in accordance with the feel-
ings and wishes of those Gentlemen in the Colony, who have
bestowed so much attention on this subject, and whose intimate
knowledge of the Colony entitles their opinion on all matters
connected with its interests to the utmost Consideration. I am
unwilling, therefore, to give you any positive directions with
reference to this Appointment, as it might inconveniently fetter
the discretion which it is my wish that you should exercise; but
I should be happy, if you should find yourself able to confer
it on Mr. Pinnock with the concurrence of the Gentlemen to
whom I have referred. It is obviously important that whoever
is appointed should be acquainted with the system at present
in operation in this Country. Should you be of opinion that
Mr. Pinnock's Appointment would not be so desirable as that of
some other Gentleman, you will be authorized to make a pro-
visional Appointment, which you will of course report to me; and
in that case I have to request that you will avail yourself of any
early opening which may offer itself for placing Mr. Pinnock in
some situation for which he is properly qualified.
I have, &c,
Glenelg.
15 Dec.
Instructions
re control of
colonial store
department.
Lord Glenelg to Sir George Gipps.
( Despatch No. 47, per ship Fergusson ; acknowledged by
Sir George Gipps, 12th April, 1839.)
Sir, Downing Street, 15 December, 1837.
Having referred to the Lords Commissioners of the Trea-
sury your Predecessor's Despatch No. 138 of the 28th of Decem-
ber last, on the subject of the mode of providing for the Custody
of the Public Stores of the Colony under your Government, I
have the honour to transmit to you for your information and
guidance a copy of a letter, which has been received in reply, with
a copy of one from the Board of Ordnance therein enclosed, from
which you will perceive that no objection exists on the part of
Her Majesty's Govt, to the measure proposed by Sir E. Bourke of
placing the Colonial Store Department under the Superintend-
ance of the Ordnance Storekeeper in the Colony, provided any
extra Expence arising out of such arrangement to the Ordnance
shall be defrayed from Colonial Funds. I have, &c,
Glenelg.
GLENELG TO G1P.PS. 207
[Enclosure.] 1S37.
15 Dec.
Mr. A. Y. Spearman to Cnder Secretary Stephen.
Sir, Treasury Chambers, 1st December, 1S37.
With further reference to your Letter of 22nd July last, and instructions
the enclosed Dispatch from the Governor of New South Wales, and re control of
to the reply addressed to you by direction of this Board on the departm^nT*
20th Ulto., 1 am commanded by the Lords Commrs. of Her Majesty's
Treasury to transmit Copy of a Letter from the Secretary of the
Ordnance dated Gth Inst., stating that the Master General and
Board of Ordnance are not aware of any objection to the placing
the Colonial Store Department under the Superintendance of the
Ordnance Storekeeper at New South Wales, provided any extra
expense, incurred thereby by the Ordnance, shall be defrayed from
the Colonial Funds; and I am directed by their Lordships to request
you will submit the same to Lord Glenelg for his information.
I am, &c,
A. Y. Spearman.
[Sub-enclosure.]
Mr. K. Byham to Mr. A. Y. Spearman
Sir, Office of Ordnance, Gth November, 1837.
Having submitted to the Master General and Board of Ord-
nance your Letter dated the 10th Ulto., enclosing an Extract of a
Dispatch from the Governor of New South Wales to the Secretary
of State for the Colonies, in which he proposes to place the Colonial
Store Department under the Superintendance of the Ordnance
Storekeeper,
I have the honor to acquaint you, for the information of the
Lords Commissioners of H.M. Treasury, that the Master General
and Board are not aware of any objection to the Ordnance Store-
keeper at New South Wales undertaking the duty proposed, pro-
vided the expenses incurred on account of the Colony as well as
the Compensation for himself and the charge for any extra Clerks,
whose employment may be found necessary by that additional
duty, be defrayed from the Colonial Funds, and kept entirely
separate from the Ordnance Accounts.
The Master General and Board have therefore given instruc-
tions to that effect to the Ordnance Storekeeper at New7 South
Wales, at the same time cautioning him that great care must be
taken that the arrangement does not interfere with the business of
this Department. I have, &c,
R. Byham.
Lord Glenelg to Sir George Gipps.
(Despatch No. 48, per ship Fergusson.)
Sir, Downing- Street, 16 December, 1837. ™ Dec-
I have the honor to transmit to you a copy of a letter from instructions
the Secretary to the Treasury with a copy of one addressed by military8 10
order of the Lords Commissioners to the Master General and barracks.
Board of Ordnance relative to the course, which is to be pursued
with a view of providing for the repairs of Military Barracks in
the Colony under your Government in cases of emergency, when
208 HISTORICAL RECORDS OF AUSTRALIA
1837. the Expenditure cannot be anticipated and submitted for the
16 Doc
Instructions
re repairs to
previous sanction and direction of the Board of Ordnance; and
I have to request that you will take such measures as may be
military necessary on your part for giving- effect to the proposed
Arrangement. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 30th Novr., 1S37.
The Lords Commissioners of Her Majesty's Treasury having,
in a Letter which they directed to be addressed to the Board of
Ordnance on the 31st Ulto., submitted for their opinion an arrange-
ment which my Lords proposed to carry into effect with a view of
providing for the repairs of Military Barracks in New South Wales
and Van Diemen's Land in cases of exigency, when the expenditure
cannot be anticipated and submitted for the previous sanction and
directions of the Board of Ordnance, I am commanded by their
Lordships, in transmitting copy of the said Letter to be laid before
Lord Glenelg, to request you will state to his Lordship that the
Master General and Board of Ordnance have signified to my Lords
their entire concurrence in the arrangement therein proposed, and
that you will move his Lordship to instruct the Officers Adminis-
tering the respective Governments of New South Wales and Van
Diemen's Land to proceed in conformity with that arrangement,
in the event of any applications being made to them, under the
circumstances to which it has reference. I am, &c,
A. Y. Spearman
[Sub-enclosure.]
Mr. F. Baring to Secretary of Ordnance.
Sir, Treasury Chambers, 31 October, 1837.
With reference to your Letter dated the 13th Ulto., and to
your previous communication of the 20th of May last on the subject
of Barrack Works and repairs in New South Wales and Van Die-
men's Land, and to the communication made to you on the
28th Inst, respecting issues from the Military Chests in the Aus-
tralian Penal Settlements for Ordnance Services, I am commanded
by the Lords Commissioners of H.M. Treasury to request you will
state to the Major General and Board of Ordnance that my Lords
further propose, with their concurrence, to acquaint the respective
Governors of N. S. Wales and Van Diemen's Land that, as the great
distance of those stations from this country, and the period conse-
quently required for communication between the officers of the
respective ordnance establishments and the Superior Board may
at times render it indispensably necessary that those officers should
incur expenditure for the repairs of the Military Barracks under
their charge, which could not have been anticipated and reported
for the previous directions of the Master General and Board, the
officers will be instructed, in the event of any such exigency
occurring, to submit to the Governor a statement of the required
expenditure and of the circumstances, which may have prevented
the transmission of an estimate and report thereon to the Master
General and Board, or render it indispensable that the service
should be executed without awaiting the authority of the Master
GLENELG TO GIPPS. 209
General and Board : and that, upon being satisfied as to the exigency 1937.
of iho rase, the Governor will record his approval under his signa- 16 Uec-
ture upon the statement, and will cause the same to be notified to instructions
the officer commanding the Troops, who will be authorized, upon rerepairsto
such approval being signified to him, to grant his Warrant for military
such extra issue from the Military Chest, on account of the Ord- arrac 's'
nance Department, as may be required for the execution of the
service.
I am at the same time further to request that you will accord-
ingly move the Master General and Board to apprize my Lords
Whether this arrangement meets with their concurrence.
I am, &c,
F. Baring.
Lord Glenelg to Sir George Gipps.
(Despatch No. 49, per ship Fergusson.)
Sir, Downing Street, 18 Dec, 183T. is Dec.
I have received your Predecessor's Despatch No. 40 of Despatch
the 6th of June last, recommending- Mr. Lewis, the Commander ac
of the Colonial Schooner " Isabella," for remuneration on account
of the Services, which he rendered on the expedition sent in
search of the Passengers and Crew of the " Charles Eaton."
I cannot but object to the practice, recommended for adoption
on this as on several other occasions, of remunerating Public
Officers for Services, which they may have performed by Grants
of Land or Donations from the Land Revenue; but, under the Grant of money
circumstances of this case, Her Majesty's Govt, will be prepared S°M?LewS
to sanction a Grant to Mr. Lewis of a sum not exceeding £300, if
the Legislative Council should be inclined to vote it from the
General Revenues at their disposal. I have, &c,
Glexelg.
Lord Glexelg to Sir George Gipps.
(Despatch No. 50, per ship Fergusson; acknowledged bv
Sir George Gipps, 9th December, 1839. )
Sir, Downing Street, 19 December, 1837. 19 Dec.
I have received Sir R. Bourke's despatch, No. 47 of the Despatch
17th of June last, requesting that two well qualified persons with acknowledsed-
their Wives may be sent out to New South Wales as School-
masters and School Mistresses; and I have to acquaint you that,
having obtained the concurrence of the Lords Commissioners of
the Treasury to the rates of Salary and passage allowance pro-
posed by Sir R. Bourke, I have instituted enquiries which will Schoolmasters
I trust shortly result in the engagement of suitable persons pos- to Selected.8
sessing that degree of experience which will enable them
efficiently to superintend the Central or Normal Schools, for
which I presume they are intended. I have, &c,
Glenelg.
' Ser. I. Vol. XIX— O
210
HISTORICAL RECORDS OF AUSTRALIA.
1837.
19 Dec.
Request for
passage money
for R.C. school-
masters.
Allowance for
Lord Glenelg to Sir George Gipps.
(Despatch No. 51, per ship Fergusson.)
Sir, Downing Street, 19 December, 1837.
Referring to the measures which have been adopted for
aiding the increase of School Masters for the Instruction of the
poorer Classes of Colonists in New South Wales, I have the
honor to transmit to you Copies of a Correspondence with the
Revd. W. Ullathorne on the subject of an application, which he
has made for the Grant of an Allowance for the passage to the
Colony of a limited number of Roman Catholic School Masters;
I have further to acquaint you that Mr. Edwd. Hawksley, having
to e. Hawksley. produced satisfactory testimonials as to his character and general
Competency for the office of Schoolmaster, has received an
allowance of Forty Pounds on account of his Outfit and Pas-
sage, being the amount applied for by Mr. Ullathorne.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Revd. W. Ullathorne to Lord Glenelg.
My Lord, London, 3 Augt, 1837.
I beg leave respectfully to state to yr. Ldship., as directed
by the Rt. Revd. Dr. Polding, that considerable difficulty has been
experienced in forming in N. S. Wales those elementary Schools
for the Children of Poor Catholics supported by the Govt., owing
to the difficulty of finding, in the Colony, a body of Teachers who
are competent and at the same time willing to give themselves
to the task : and that it is deemed advisable in consequence, as well
by the Catholic Bishop as by the Governor, that such Teachers
slid, be obtained from the Mother Country, Sir R. Bonrke having
also expressed himself in answer to Dr. Polding as being confident
that yr. Ldship. wd. not object to sanction the advancement of
pecuniary means for the conveying of these Teachers to their
destination.
About 6 Male Teachers and about four Females, more particu-
larly required for the Orphan School and large female Schools in
Sydney, wd. be sufficient numbers to meet the present demand for
their Services.
The passage of these to the Colony, including preliminary Ex-
pences, could not I am of opinion be arranged under 40£ each per-
son ; but this wd. not amount to much more than the Salaries and
Allowances given to Teachers by the Local Govt, for the same period
of time.
I most respectfully solicit yr. Lordship's approbation of this
proposal, and your sanction to the advancement of what may be
deemed a sum adequate to carry the proposal into effect.
I have, &c,
Wm. Ullathorne.
Want of
teachers in
colony for
R.C. schools.
Number of
teachers
required.
Request for
allowance for
passage money.
GLENELG TO GTPPS. 211
[Enclosure No. 2.] 1S37.
2 9 Dec.
Sir George Gre? to Revd. \V. Ti-lathorne.
Sir, Downing Street, (5 Sept.. 1837.
'i am directed by Ld. Glenelg to acknowledge the rect. of yr. Letter
letter of the 3d Tito., in which you represent the expediency of acknowledged.
sending out to X. S. Wales some R.C. Teachers tor the Instruction
of the Children of poor Catholics in the Schools at present existing
in the Colony lor their Education : and you request that some
pecuniary allowance may be granted to enable those Teachers,
about 6 male and 4 female, to proceed to their destination. His
Lordship is happy to have it in his power to comply with yr.
request by directing an Allowance of £40 to be made for the pas- Grant of
sage of each of the ten persons, who may be selected for this pur- allowancefor
pose, subject, however, to an undertaking that, in the case of any !)assa^ money,
of them failing on their arrival in the Colony to fulfil the purpose
for which they were intended, the Allowance made to such person
or persons shall be refunded, unless such failure shd. be occasioned
by death or illness.
It will be necessary that the qualifications of the parties selected
shd. be carefully ascertained, and. on their being recommended to
Lord Glenelg as fit and proper persons for the duties which they
will be called on to perform, they will be authorized to receive the
proposed Allowance on an instruction from yourself that they have
engaged a passage and are about forthwith to proceed to their
destination. I have, &c,
Geo. Grey.
Lord Glenelg to Sir George Gipps.
(Despatch No. 52, per ship Fergusson.)
Sir, Downing Street, 21 December, 1837. 21 Dec.
I have the honor to transmit to you the accompanying instructions re
Extracts of a letter addressed to my Under Secretary by Mr. If^Ttmot.
Elliot, Agent General for Emigration, and of the reply which
I have desired to be made to it, by which you will perceive that
I have sanctioned a direct correspondence between Mr. Elliot
and the Colonial Secretaries of Xew South Wales and Van Die-
men's Land in all matters of Emigration, excepting where any
Instructions are to be given, which of course will be communi-
cated to you in the usual manner by the Secretary of State.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Extract of a Letter from T. F. Eliot, Esq., to Sir George Grey,
Bart., dated Colonial Office, 23d Nov., 1837.
" Another matter to which I wd. beg attention is the mode of com- Method of
mnnicating with X. S. Wales and V. D. Land. Hitherto I have correspondence
been obliged to throw- into my Reports to the Secy, of State any £.a^f g+"eJal
intelligence, which I wished to convey to the Governors. But it is
obvious that, besides producing loss of time where promptitude of
212
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 Dec.
Method to be
adopted for
correspondence.
information may be of great importance, this practice must require
me occasionally to introduce into my letters here matter superfluous
except in the Colony. On this branch of correspondence also, there-
fore, I wd. request Ld. Glenelg's instructions as to the course to be
hereafter observed."
[Enclosure No. 2.]
Extract of a Letter from Sir George Grey, Bt., to T. F. Eliot,
Esq., dated Colonial Office, 20th Dec, 1837.
" With regard to the correspondence with N. S. Wales and
V. D. Land, Lord Glenelg does not think it proper that anything
in the nature of instructions slid, pass except thro' him, and there-
fore, whenever anything is to be required to be done, from whatever
quarter the desire may emanate, the Secretary of State alone must
be the medium of Communication. But for pure purposes of infor-
mation, of which there must often be a need distinct from any
other object. Lord Glenelg entirely assents to the expediency of
continuing no cause of delay that can possibly be removed; and,
in matters of this description, he sanctious a direct Correspondence
henceforward between you and the respective Colonial Secretaries
of the Australian Colonies. The Governors of these Colonies will
be apprized accordingly of the present decision."
Transmission
of duplicate
of despatch.
Reduction in
allowances for
R.C. clergy.
Lord Glenelg to Sir George Gipps.
(Despatch per ship Fergusson.)
Lord Glenelg presents his compliments to Sir George Gipps and
in forwarding a Duplicate of his Dispatch No. 380 of the 2d of
October, 1837, begs to call Sir George Gipps' attention to the
Postscript which was not in the Original Dispatch.
Downing Street, 21 December, 1837.
[Enclosure No. 1.]
[This ivas a copy of the despatch on page 110 ivith the -following
postscript : —
P.S. — I transmit to you the enclosed copy of correspondence from
Mr. Ullathorne on this subject.]
[Sub-enclosure.]
Extract of a Letter from the Revd. W. Ullathorne, dated
10 Novr., 1837, addressed to Lord Glenelg.
I beg leave respectfully to explain the perplexity, in which I have
been involved owing to the unexpected reduction made by the
Govt, in the allowance to the Revd. Mr. Goold, one of the Catholic
Clergymen who have recently sailed for N. S. Wales.
In my letter to your Lordship of July 29, 1837, I had made
application for the usual allowance for passage and outfit for that
Revd. Gentleman of £150. In the ansr. directed by yr. Ldship. to
be transmitted to me of 4 Augt, I am promised " the usual Allow-
ance for outfit and passage " for that gentleman, conditionally that
testimonials were transmitted to yr. Ldship. On the faith of this,
GLENELG TO GIPPS. 213
I had advanced the sum of £144 14s.. and I have since been informed 1S37.
by tlif Revd. Mr. Heptonstall of Acton that only £100 had been 21 Dec.
allowed to that Revd. Gentleman.
To Mr. Brady, the priest destined for Norfolk Island, I bad
advanced the sum of £145 15s., altho' be has been allowed only
tloo from Govt.
Whereas the Revd. Mr. Lovat reed, the " usual allowance," viz.,
It is impossible for a Catholic Clergyman to go out to N. S. Wales Expense of
duly supplied with outfit for less than £150 ; and the residue I have passage and
been compelled to make up by private Charities. The Passage °"ergyp0r
money alone amounts to £65, fitting out £20 more; he has to pay his
expences to London, bis Hoard. Lodgings, etca.. whilst detained
there; and books, vestments and altar plate make an essential part
of his outfit ; without these be cannot perform bis duties. Catholic
Priests, such self sacrificing men as are required for N. S. Wales,
etc., are not men who possess ready money themselves; every farth-
ing they receive, which is not required for their immediate wants,
goes in charity.
I am confident that it is not your Lordship's intention I shd. fit
out the servants of Govt, with the beggings of Charity; having
therefore explained what before cd. not have entered into your Request for
Ldship. 's consideration. I beg leave respectfully to solicit that ^n^ance^
I may be compensated, or rather those persons who have advanced °
the money, for those sums which, on the faith of Government,
have been advanced to the Revd. Messrs. Goold and Brady.
Of the 6 Chaplains for whom Salaries have been voted by the
Legislative Council of N. S. Wales. I hope to be enabled to present,
in a short time, the names of four to yr. Ldship. May I respectfully
solicit of yr. Lordship to be assured on my Explanations with those Request for
persons as to whether they can receive the allowance of £150 each allowance for
or not for passage and outfit, as it was upon that undertaking I left outfit?6 &"
N. S. Wales to procure the aid of these persons.
[Enclosure No. 2.]
Sir George Grey to Revd. W. Ullathorxe.
Sir, Downing Street, 20 Deer., 1837.
I am directed by Ld. Glenelg to acknowledge the rect. of yr. Allowances for
letter of the 10th Ulto. With regard to the Allowance to the passage and
Revd. Mr. Goold for his outfit and passage to N. S. Wales, his outfit of clergy.
Ldship. directs me to state that he will authorize the Coll. Agent
to pay to you on Mr. Goold's acct. the sum of £50, being the dif-
ference between the amount which that Gentleman has already
reed, and the rate of allowance heretofore usually granted to Clergy-
men proceeding to the Australian Colonies. Adverting however
to the alteration, which may probably be made by the local Authori-
ties in the passage allowance to Clergymen proceeding to those
Colonies, in pursuance of the instructions from Ld. Glenelg referred
to in my letter to you of the G March, 1837, his Lordship wishes it
to be clearly understood that he cannot guarantee in future cases
the continuance of the present rate of allowance. Mr. Brady has
reed, the same rate of allowance, which was with the concurrence
of the Lords Commrs. of the Treasury granted from the Fands
applicable to Convict Charges to the Protestant Clergymen who pro-
ceeded to Norfolk Island ; and it will be impossible for H.M. Govt.
214
HISTORICAL RECORDS OF AUSTRALIA.
1837.
21 Dec.
to encrease that allowance in the present instance, particularly as.
in order to save any possible disappointment, it was distinctly stated
in my letter to yon of the 10 March last that £100 only would be
allowed for the passage of the Ii.C. Clergyman to be appointed to
officiate at Norfolk Island. I have, &c,
Geo. Grey.
29 Dec.
Appointment
of chaplains.
Lord Glenelg to Sir George Gipps.
(Despatch No. 54. per ship Maria.)
Sir, Downing: Street, 29 December, 1837.
I have the honor to acquaint you that the undermentioned
Gentlemen having been recommended to me by the Society for
the Propagation of the Gospel as well qualified to fill the office
of Chaplains at New South Wales and having been approved by
the Bishop of London, I have accordingly given my sanction to
their appointment.
The Revd. J. C. Gylls; The Revd. Hart Sparling; The Revd,
Edwd. Smith; The Revd. William Boulton.
Mr. James Edmunston has also been recommended by the So-
ciety and will shortly be ordained by the Bishop of London for
the service of New South Wales.
These Gentlemen will receive the usual allowance of £150 on
account of their outfit and passage. I have, &c,
Glenelg.
30 Dec.
Transmission
of reports re
visit of ship
William Nicholl
to Cape of
Good Hope.
Lord Glenelg to Sir George Gipps.
(Despatch No. 53, per ship Duncan.)
Sir, Downing Street, 30 December, 1837.
Having received from the Governor of the Cape of Good
Hope a dispatch, of which the enclosed is a copy, reporting the
circumstances under which the " William Nicholl " Emigration
Ship touched at that place on her passage to Sydney, I felt it my
duty to call on the Agent General for Emigration for a Report on
the subject, and I have now the honor to transmit to you, for
your information, a copy of a communication which I have re-
ceived in reply from Mr. Elliot. I remain, &c,
Glenelg.
[Enclosure No. 1.]
Sir B. D'Urban to Lord Glenelg.
Government House,
My Lord, Cape of Good Hope, 16th September, 1837.
I have the honor to request your Lordship's attention to the
circumstances stated in the enclosed letter, which has been
addressed to me by the Secretary to this Government, respecting
the Government Emigrant Ship " William Nichol."
GLENELG TO GIPPS. 215
It was not merely the crowded state of the Vessel which at- 1837.
tracted notice, but the want also of proper food for the Children s0 DeCl
embarked, and for the nursing Mothers among the women. The condition of
provisions laid in were of the common kind, salt beef and pork, ship William
biscuit, hour, etca.; but no nourishing light food, such as Sago, J^^0(£pe
Arrowroot, Rice, portable soups, prepared Vegetables, and the like
was provided.
The ship was plentifully supplied here by the Inhabitants, with
such of these Articles as could be procured, and with good beer,
which in such cases is deemed very necessary to keep up the
strength of the Mothers; as also with Materials for clothing; the
want of which was severely felt, many of the poor creatures being
without a change.
It has been suggested by Dr. Grant of the Bengal Medical Estab- Reforms
lishment. who was particularly active in providing for the comfort K°sQefd in
of these Emigrants, that, in any future case of Emigration from emigrant ships,
the Highlands of Scotland, the following Stock and other Articles
should be provided in addition to those I have mentioned, and
certain arrangements made as follows : —
2 Cows, or a few Goats; Sweet rusks; Oatmeal for Porridge;
Hospital Clothing, linen and flannel ; Hospital to be
properly divided for men and women.
For Highland female Emigrants, a paid Female Interpreter to
have charge of the female Hospital ; Preserves such as
Jams. Jellies, etca. ; Privies to be constructed for the
Women ; Best Brandy for the Medical Stores ; No woman
advanced in pregnancy beyond 4* months to be admitted on
board.
Vessels to touch for a day or two at some port in Great Britain
or Ireland, and to remain in Table Bay for ten days at least, in
order that the weakly amongst the women and Children may be
landed. I have, &c,
B. D'Urban.
[Sub-enclosure.]
Mr. E. Bell to Sir B. D'Urban.
Colonial Office,
Sir, Cape Town. 14th September, 1837.
I beg permission to bring the following circumstances under
Your Excellency's notice.
The Convict Ship " Platina " arrived in Simons Bay about a fort- Arrival at
night since with 113 female Convicts on board as embarked, no Cape of Good
deaths having occurred on the passage. That Vessel measured jp28£[?Mp
303 Tons ; and the Master peremptorily refused to receive even one
additional Convict on account of want of room in the Vessel.
The Government Emigrant Ship " William Nicholl " has arrived and of ship
since with a party of Emigrants from the Isle of Skye, bound to {-.<7/'v'm
New South Wales; this Vessel measures 408 tons, and has on board *tcll0lL
144 Adults, for whom the same proportion of tonnage, allotted for
the female Convicts in the " Platina," would give 386 tons, leaving
22 tons disposable.
But there are without reckoning 10 who died on the passage, no Number of
less than 179 Children now on board the Vessel, making a comple- emigrants on
ment of 323 persons (not including the Crew) for a Vessel of mfhoii
21i
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Dec.
Tonnage per
passenger.
Testimony in
favour of
master and
surgeon.
Proposed
limitation of
passengers.
40S tons; so that about 11 tons for each is all that has been
allotted for that number of persons on a voyage of half the circum-
ference of the Globe !
The tonnage for the female Convicts was 2 7/10ths nearly for
each !
There is no cause of complaint against the Superintending Sur-
geon or the Master of the " William Nichol." The Vessel has had
all her wants supplied by the Commissariat on the Station ; and
the Inhabitants of the place have provided most amply, and readily,
all those comforts for the unhappy women and children, which are
not allowed to them by the Regulations of the service.
For particulars as to the state of these people and the vessel,
in consequence of her crowded state, I beg to refer Your Excel-
lency, should you deem it necessary, to the Attorney General, the
Port Captain, and the Health Officer of Table Bay.
My object in making this statement is that Her Majesty's Govt.,
if apprized of these facts by Your Excellency, may interfere to
prevent the recurrence of much misery in Emigrant Ships, on long
voyages, by confining the numbers to be embarked within some fixed
proportion to the tonnage of the Vessel.
I have, &c,
E. Bell, Secy, to Govt.
Submission
of reports re
ship William
Nicholl.
Mortality
on ship.
[Enclosure No. 2.1
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Downing Street, 12th December, 1837.
With respect to the circumstances under which the William
Nicholl touched at the Cape of Good Hope, I defered replying to
your reference to me of Sir Benjamin D'Urban's dispatch on that
subject until I could hear from Dr. Boyter, who was more immedi-
ately responsible for the arrangements in that Vessel. I have also
waited several days in the hope of being able to see the Cape
Newspapers containing a Report by Dr. Grant, a temporary resi-
dent at the Cape, who attracted public notice to this subject, and
on whose statements the Governor's dispatch seems to be founded.
But, having in vain endeavoured to find a copy in London, I am
unwilling to incur any more delay. I have the honour therefore
to enclose for Lord Glenelg's information copies of Dr. Roberts'
letter reporting his having put in at the Cape, of Dr. Boyter's re-
marks on first hearing that circumstance, and of his further letter
upon receiving communication of the dispatch from the Governor of
the Cape. And, in transmitting these papers, there are some obser
vations of my own, which it may be right that I should not omit.
Two unfavorable accounts may be noticed of the state, in which
the " William Nicholl " touched at the Cape, one which appeared
in the Times Newspaper of the 15th November as taken from a
Cape Paper, the other contained in the Governor's Official dispatch,
on which I am called to report.
Before examining them, however, it is desirable to state what was
the real extent of the calamity. In a body of 320 Men, Women
and Children, taken from an extremely distressed district, in a
state of great want, the deaths, after being restored to a full diet
and making a Sea voyage, have amounted to ten Children and one
Woman, the latter having died of Child birth fever, a cause quite
GLENELG TO GIPPS. 217
independant of the Ship; not one other death has occurred of a 1837.
grown Person. The men are reported to have enjoyed good health, 30 Dec.
and their conduct to have been correct and orderly. With every
regret therefore for the misfortunes which happened, I think it
important to remark in the outset that they do not raise a neces-
sary presumption of the faults being in the equipment of the Ship.
The account in the Times stated that the People were over-
crowded, that they were starving for want of Provisions, and even Allegations re
Clothing, and that the Vessel and births were in a state of filth. ^S*?*
On the matter of numbers, I shall speak further on. provisions.
That the Ship was short of provisions is untrue. She took with Denial of
her six months' provisions, for which I now hold the receipts in my shortage of
possession, and she had not been at sea more than two months Provlslons-
when she called at the Cape. The Government expenditure for her
there amounts to precisely £20 Is. 9d., being for fresh meat and
vegetables while the Ship remained in Harbour. It must, have been
a strange shortness of Provisions when the Ship put to sea again
without adding to her Stock. The fact is that in this, as in all
other cases of the kind, a large surplus will remain to be dis-
charged into store at Sidney when the Ship reaches her destination.
With respect to the Clothing, I cannot speak of my own know- Supply of
ledge; but it was expressly pointed out as an object of attention in clothing,
the Instructions, by virtue of which Dr. Boyter was acting. He
states, you will observe, that, in addition to the common stock of
" Clothing the Emigrants possessed, I made them all procure a
new Suit of plaid with several other little articles required for the
voyage " ; and he expresses great surprise at the present complaints.
On the subject again of Clenliness, I can only say that words Alleged want
cannot be stronger than those in which it was enjoined on the of cleanliness,
attention of the Surgeon Superintendant. And this it will be
observed with no apparent risk of its becoming mere dead letter.
Cleanliness is habitually enforsed in Ships of the present descrip-
tion, it is enforsed through the efforts of the passengers them-
selves, and in no class of vessels is it more rigidly enforsed than
those in which Dr. Roberts has repeatedly served with credit.
Altho' therefore the poor Highlanders may have been rather inert
in this respect, I cannot help attatching a good deal of force to
Dr. Boyter's remark " that it does not appear very likely that so
experienced a Surgeon as Dr. Roberts would allowT sixty five Stout,
healthy men and husbands to remain idle Spectators in such a
case."
As it has been impossible as yet to procure a copy of Dr. Grant's
published letter, I am obliged to take the following passage from
an abstract of it given in a Scotch Paper.
" He found that many of the Women had suffered in their health Allegations
in consequence of the Surgeon, belonging to the Vessel, not knowing re surgeon,
their language, and there being no female Interpreter." After such
a sentence, it is indeed surprising to find from Dr. Boyter that,
independantly of two highly recommended Shepperds as General
Interpreters, "a Midwife (Mrs. McDonald), that understood -Eng-
lish Gaelic, and of excellent character, undertook the charge of
Women and Children both in and out of Hospital." If Dr. Grant
really made the observation above ascribed to him, I trust the
results may induce him to pause another time before, on such
imperfect information, he casts discredit on the performance of a
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Dec.
very arduous service and scatters doubts and tears amongst the
thousands whose circumstances place their best prospect in Emi-
gration.
The benevolent statement of this Gentleman is at this moment a
fertile source of pain and would be more extensively so, were it
not fortunately corrected by the simpler narratives of the poor
Emigrants themselves, whose letters I am sure are replete with
gratitude for the kindness and good treatment they have ex-
perienced.
I now turn to the Governor's despatch. The want of light
nourishing food for the Children such as Sago or Arrowroot is
pointed out. I cpiite agree in the object of this remark. And I am
glad to say that, previously to the receipt of the present intelli-
gence, I had desired that the Surgeons of the "Duncan and
Orantes " would guard against the want, besides proposing a refer-
ence on it as you are aware to the Physician General of the Navy.
I mention this, not that I would not with equal readiness adopt an
improvement whatever might be the occasion of its suggestion, but
because I am happy to find in this occurance an example that there
has been no want of due Vigilence in conducting the business of
Emigration at the central department. The utility of something
strengthening for nursing Mothers is also an observation, in which
I should entirely concur. Table beer, however, would not, I should
apprehend, prove a well considered expedient for the purpose in
Ships, destined to cross the Line. But I had settled, before the
arrival of Sir Benjamin D'Urban's despatch, that a moderate stock
of Porter should henceforth be carried in the Emigrants' Ships,
and I hope this may be found conducive to the end in view. On
the want of clothing. I can only refer to the remarks in a former
part of this letter. For the future, a minimum is provided by the
notice dated the 20th October, with which Surgeons will be desired
to do their utmost to enforce a compliance. From the Poverty and
habits of the People in the Highlands and in Ireland, the subject
will, I fear, in practice throw great difficulties on the Officers in
the execution of their duty ; but it seems indispensible that they
should, at their risk and responsibility, secure enough for their
purposes of health. The remaining suggestions in the Governor's
dispatch are said by him to be taken from Dr. Grant. Some of
them shew no great accuracy in ascertaining the arrangements in
the " William Nicholl," and others certainly betray a very scanty
knowledge of the habits of our Peasantry or the conditions on which
alone Emigration could have reached the vast amount it has at-
tained in recent years.
Oatmeal for porridge is recommended for the future Ships from
Scotland. You will be surprised. Sir. after seeing this gravely
enumerated among the desiderata for the future, to be informed
that the " William Nicholl " carried between four and five times
as much Oatmeal as had ever been customary formerly, the allow-
ance to a Man and Woman having been encreased from a pint and
a half per Week to seven pints. To add to that would be mere
waste.
A paid female interpreter is recommended. I have already said
that there was a Female Interpreter ; why she should be a paid
one. if the free passage constitute a reward and inducement to her.
GLENELG to GIPPS. 219
1 do not know. I may add here that the two next Ships from the 1837.
Hebrides carried Surgeons, who were themselves familiar with the so Dec.
language of the People and their habits.
As to excluding Women advanced more than four months and Pregnant
a half in pregnancy, the advice is somewhat minute without Xwrnfas
endeavouring to determine what half month would lie the fittest emigrants,
limit. 1 will merely say that, to all the selecting Officers. I now
express a general opinion that few Children are preferable to
many, and Women who are not pregnant to Women who are; but
it is to be observed that families often present themselves in
Clusters, and. if one be refused, the rest will not go: and it is indis-
peusible. therefore. I think, to leave the Surgeons a descretion on
the subject, instead of imposing a rule, which might deprive them
at times of their most numerous and best Candidates.
I will not. take up Lord Glenelg's time by giving all of Dr. Grant's Reforms
suggestions. The proposals that Emigrant Ships should carry proposed.
Jams and Jellies, and some best Brandy for the use of the hardy
peasantry they convey, and that, in coming from the Highlands,
they should touch for a day or two at some Port in Great Britain
or Ireland, are such as to any one possessing any acquaintance
with the subject must be beyond all comment, further than that
they unavoidably detract very much from any weight that could
be attached to the rest of the representations by which they are
accompanied. I have reserved the subject of numbers for the last,
both on account of its importance, and also because it will be re-
quired to be entered into a little more at length than the other
Topics.
The " William Nichol," I must frankly say it. carried greater
numbers than accord with my own views. It is my duty however
distinctly to disclaim any imputation on Dr. Boyter in this remark
as the following statement will explain.
Until the Spring of the present year, it was never thought neces-
sary (for what reason I know not) to attend to the Provision in
the Passenger's act,* that Vessels intended to cross the Line should Limitation of
not carry more than one Adult passenger for every fifteen super- pa™eno*e°g
ficial feet of the lower deck. Both in the practice of the Ports
here and in the official letters and even in evidence received by
the latest arrivals from New South Wales, there is abundant evi-
dence of the general inattention to this enactment. It seems to
have been thought enough not to carry more than three People for
every five Tons. Especially iu communications from the Admiralty
upon the capacity of Transports to carry Emigrants, no regard
whatever was paid to the other provision. It is not therefore any
reflection on Dr. Boyter that he did not advert to it.
On the other hand, it is due to myself to state, from the moment
I commenced my duties. I insisted on both limits being observed,
the one measured by space as well as the one measured by Ton-
nage. I only did not write to Dr. Boyter on the subject, because,
as he was already in the Hebrides acting under orders he had
received before my appointment, and in the enjoyment of the high
confidence he had deservedly gained both in the Colony and here. I
did not. wish to trouble him immediately on my appointment with
new and minute Instructions, but left him to work out the service
on which he was already detached. On his return from the
* Note 3.
•220
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Dec.
Limitation of
number of
passengers.
Hebrides, I acquainted him for his guidance with the resolution
that the fixed proportion of Passengers to the size of the Deck
must be invariably adhered to. Having then been the first to intro-
duce this practice, having persisted in it contrary to the opinion of,
I may say, almost all the Surgeons who have gone out and almost
all the Emigration Agents who have been employed in this branch
of the service, in fact having supported it against the doubts ex-
pressed by the Admiralty itself, and maintained it notwithstanding
a representation from that high Authority in a letter now on record,
which satisfied the Secretary of State of the propriety of the course
I advocated, it would hardly have been just to myself to have left
room for any mistake on this occasion as to my own view of the
best general rule. But I mention it as I have already said without
the slightest imputation on Dr. Boyter's proceedings in the par-
ticular case. In concluding this report which I fear has grown
to an inconvenient length, I would merely state as briefly as pos-
sible the following results. It seems very probable that, from the
want of any previous experience in sending such large numbers of
Children, the dietary of the earlier Emigrant Ships this year stood
much in need of improvements, of which several, however, have
since been introduced, and others will be adopted as fast as found
to be advisable. With respect to numbers, a rule is now in-
variably enforced which seems to defy the possibility of crowding.
It will be endeavoured to obtain families with few Children in pre-
ference to families with many, and to avoid, as far as circum-
stances will admit, taking women far advanced in Pregnancy.
The dispatch from the Governor of the Cape is returned herewith.
I have, &c.,
Thomas F. Elliot.
P.S. — Since writing this letter I have seen Dr. Grant's published
statement and find that it calls for no correction here.
Report by
G. Roberts re
ship William
Nicholl.
[Sub-enclosure No. 1.]
Surgeon Eoberts to
Ship William Nicholl, Table Bay,
Sir, Cape of Good Hope, 14th September, 1837.
Agreeably to my Instructions, I have the honor to state that
the " William Nicholl " put into this Port on the 11th instant,
having been Sixty Six days at Sea, for the Purpose of obtaining
a fresh supply of Water, the quantity on board being deficient
to complete the Voyage.
I also beg to state that, during the preformance of this part of
the Voyage, sickness has prevailed on board to a considerable extent
particularly amongst the Children, several of whom have died from
fever and Marasmus. The Women have also been subject to con-
siderable sickness, one death having occured from Childbirth fever.
The men have in general enjoyed good health without any casualty
having occurred ; their conduct throughout the Voyage has been
correct and orderly; a detailed account of the cases of Sickness
will be given in the general report agreeably to your instructions ;
at present there is still considerable sickness on board amongst the
Children. On reporting the arrival of the Ship, I requested that
fresh Beef and Vegetables would be supplied for the use of the
GLENELG TO GIPPS. 221
Emigrants on board, when His Excellency the Governor was pleased 1837.
to grant the request. I trust from this Circumstance, from change 30 Dec-
in diet, that health will he restored and that the remainder of the Reportby
Voyage will be performed without any additional casualty. g. Roberts re
The fresh beef and Vegetables are supplied by the Commissariat. ^>ft^JWiaTO
and receipts of the quantity supplied will be forwarded from that
department. The Ship will leave this Port tomorrow the 15th to
proceed on her Voyage. I have, &c,
G. Roberts, Surgeon Insp.
[Sub-enclosure No. 2.]
Extract of a letter from Dr. Boyter, K.N., to T. F. Elliot, Esq.,
dated Dundee, 19th November, 1837.
" The William Nicholl was provisioned and supplied with every Criticism of
necessary store for the period of six months and for three hundred ^VT'b'^-t
Adults, and, when the vessel arrives at New South Wales, there 5 ' 0} e
will be at least remaining in the Hold three months' provisions to
spare. As Dr. Roberts has made no complaints, it is to be presumed
that he had no wants but a supply of Water, and it was known to
me before the Ship sailed that they intended calling at the Cape to
water and refresh, and their very short stay there is a strong proof
that the prevailing sickness was not of an aggravated character.
As to the state of tilth described in the Newspaper report, it is not
very likely that so experienced a Surgeon as Dr. Roberts would
allow sixty five stout, healthy Men and Husbands to remain idle
spectators in such a case. The number of three hundred moving
objects in a Vessel of 40S tons would undoubtedly startle a Stranger ;
but, in a Ship of the same size. Two hundred Convicts are confined
below all night, with thirty Soldiers, eight women and a dozen
Children besides the Crew occupying the same space as the Troops,
and all on the same deck with the Convicts. Yet no complaints
are made and seldom any bad results from it, Although the Pro-
portion is far beyond the Emigrant Vessels."
[Sub-enclosure No. 3.]
Dr. Boyter to Mr. T. F. Elliot.
Sir, Blairgourie. 28 November, 1837.
I have the honor to acknowledge your letter of the 25th en- Reply by
closing a dispatch (a Copy) from the Governor of the Cape of Good D- Boyter to
Hope relative to the " William Nicholl." As to the crowded state S^m
of the Ship, if we only allow two children for one adult, it will XichoU
appear by their own shewing that the total number on board was
barely equal to two hundred and thirty four Adults. The " William
Nicholl " was a new built Ship and exceedingly capacious in every
respect ; the length of deck was eighty two feet independant of the
Hospital, and was fitted up for the reception of two hundred and
fifty Adults, eighteen inches being allowed for each individual. I
removed all the Midship births with the exception of a few in the
aftermost part of the Ship for the accommodation of the Super-
numerary women. The Provisions and comforts laid in were such
both in quantity and quality that no Ship ever sailed from Great
Britain so fully or so well provided ; and, as a proof of this, I beg
to refer you to the account and Vouchers sent into office with the
•222 HISTORICAL RECORDS OF AUSTRALIA.
Reply by
1837. Master's receipts for the same. In addition to the common Stock
30 Dec. 0f clothing the Emigrants possessed, I made them all procure
several other little articles with a new suit of Plaid requisite for
D. Boyterto the Voyage. I am therefore not only surprized but confounded,
allegations re that such an assertion should be made utterly unfounded and
*\ichoilllmm destitute of truth ; and, even had they been worse provided, their
only suffering must have arisen from the heat of a Tropical Climate.
Convicts have only two Shirts for the Voyage, and no allowance of
soap to wash them ; and I never experienced much inconvenience
from the want of more. As to Dr. Grant's suggestions about Rusks,
Jellies, Jams and Brandy, better substitutes were provided in
abundance such as Oatmeal and Molasses, and more good Port wine
was sent on board for their use than is consumed in any two Hos-
pitals in the kingdom for the same period of time. A widwife
(Mrs. McDonald), that understood English and Gaelic and of
excellent character, undertook the charge of women and Children
both in and out of Hospital. I also gave a spare Cabin under the
Poop to two highly recommended Shepperds, to act as Interpreters
on all occasions. Water Closets were constructed separately for
both Men and Women, so that, with the exception of Cows, every-
thing was provided that the Doctor recommended. As to the stage
of Pregnancy when women ought to be received on board, it is a
question with which the Doctor has no concern, his idea of a Vessel
sailing from Skye " and touching at some Port in Ireland or Great
Britain and remaining in Table Bay two days at least to land the
Weakly " is so truly absurd as to require no remark ; with respect
to the letter of Secretary Bell, containing a statement and com-
parison with the Platina, female Convict Ship, it frequently hap-
pens that a number of Female Convicts cannot be collected in a
short time to fill up a Ship for a certainty, and from that or some
other reason Female Ships are never so crowded as Male Ships.
As to the Master of the Platina refusing peremptorily to embark
one Convict more for want of room, it so happens that the Surgeon
Superintendent's opinion in matters of that nature is always and
only consulted. The tonnage of a Vessel is no sure criterion to
act on. The " John Barry " was about 630 tons and took out
three hundred and thirty six souls besides the Crew ; that Ship
was only ten feet longer than the " William Nicholl," and in no
other respect equal to her; by accounts received from the Emi-
grants at the Island of St. Jago, they were all satisfied with the
Ship and Provisions. If Dr. Roberts could have suggested any
improvement as to numbers, diet, or fitting of a ship, his instructions
required him to do so ; and it appears very extraordinary that the
Secretary for that Colony should have forwarded such a com-
munication without obtaining more correct and better information.
The only question to be considered and decided on is the number of
people that are in future to be embarked in Vessels of certain Ton-
nage and dimensions. In conclusion. I must again repeat that the
arrival of the " William Nicoll " at the Cape, with as great a num-
ber of Souls as I reported having embarked, is a far happier result
than I had any reason to anticipate ; and any Person that witnessed
the wretchedness of the People at the time of Embarkation must
be strongly impressed with the same feeling.
I have, &c,
David Boyter, M.D.
GLENELG TO GIPPS. 223
Lord Glexelg to Sir George Gipps. 1837.
(Despatch No. 55, per ship Maria.)
Sir, Downing' Street, 30 December, 1837.
I have the honor to acquaint you that the four Roman Selection of
Catholic Clergymen, whose names are mentioned in the margin,* ' ' c ergy*
having been selected by the Revd. W. Ullathorne and having
produced satisfactory testimonials, I have intimated my readi-
ness, on their being prepared to leave this Country, to authorize
the Colonial Agent to issue to each of them the sum of £150 on
account of his outfit and passage to New South Wales.
I have, &c,
Glexelg.
Lord Glexelg to Sir George Gipps.
(Despatch No. 56, per ship Maria.)
Sir, Downing Street, 30 December, 1837.
I have the honor to acknowledge the receipt of your Prede- Despatch
cessor's dispatch No. 54 of the 27th June last, with the Report acknowledsed-
of the Surgeon of the " Prince George " as to unusual prevalence
of sickness in that ship during the voyage to New South Wales.
Lord John Russell has caused a reference to be made on the
subject to the Lords Commissioners of the Admiralty, and I now
transmit for your information the accompanying copy of a
Report thereon from the Physician General of the Navy.
I have, &c,
Glexelg.
[Enclosure.]
Report.
Admiralty, 17th November, 1837.
Their Lordships having been pleased to refer to me a letter from statement
the Secretary of State for the Colonial Department (herewith re- by physician
turned), enclosing one from Sir Richard Bourke, Governor of the on^onvkt C *€
Colony of New South Wales, and a report from Mr. Thos. Bell, ships.
Surgeon, R.N., Superintendent of the " Prince George " Convict
Ship, relative to the unhealthy state in which that Ship arrived at
Sydney.
I have so recently and fully reported my opinion to the board
on all the circumstances, which appear to affect the health of Con-
victs on their passage from England to New South Wales and Van
Diemen's Land, that it will be unnecessary to trouble their Lord-
ships by entering again on the general subject; I shall therefore
confine my observations as much as possible to the individual case.
II is Excellency the Governor attributes all the ill health, which
assailed the convicts in this Ship to the issue of Cocoa instead of
Oatmeal, entirely overlooking the other parts of the Surgeon's
* Marginal note. — Revd. Fras. Murphy, Revd. John Rigney, Revd. John Fitz-
patrick, Revd. John Lynch.
224
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Dec.
Statement
by physician
general re diet
on convict
ships.
Report which appears to me to account in the easiest manner
possible for all the ill health that prevailed, without attributing
any evil effects to an Article of Diet, which has been used for a
long period in the Navy with the most beneficial result, and which
I have no hesitation in avowing my opinion could not have pro-
duced the evil consequences attributed to it.
Mr. Bell states in his Report that the Prisoners were embarked
in December last in a state of Health arising from deficient nourish-
ment, want of exercise, depressed Spirits, etc., that they met with
a long continuance of Wet and blowing weather, and on the
25th December the Ship lost both her Anchors and Cables in the
Channel, in a terrific Gale of Wind, and was nearly driven on
Shore and obliged to return into Port. That the Cold, Wet. and
confinement between Decks, and the check which exhalation gave
to the action of the skin produced loss of Appetite and great
debility, and that few could use the Chocolate, morning and evening.
Surely it was quite unnecessary after such a detail as the fore-
going to attribute any evil effects to Chocolate.
The deteriorated health and depression of spirits when they
embarked, followed by Cold, Wet, and Gales of Wind encountered
before they left the Channel, were amply sufficient to account for all
the illness that followed; and indeed I cannot but think that, but
for the active and unremitting attention of the Surgeon, they would
have been attended with far more serious consequences ; and, if the
changes of time for the sailing of the Convict ships be not adhered
to, viz., that none should leave this Country for New South Wales
or Van Diemen's Land from the end of October till the beginning of
March, and, if the Convicts make but one step from the Prisons
where they have been confined, previous to, and after their convic-
tion, into the ships for conveyance to those Colonies ; I am per-
suaded that neither Diet nor Medicine nor the most careful atten-
tion and skill on the part of the Medical Superintendent can pre-
vent the accession of serious disease.
It is well known to their Lordships that the change from Oat-
meal to Cocoa was made by the Victualling Department in conse-
quence (as I have been informed) of the repeated representation of
some of the most experienced Medical Officers in that service that
the Convicts would not use the Oatmeal ; and the Surgeons have
repeatedly told me the same thing; and, if it were necessary, I
could mention individual Cases, noted in the Journals of the Sur-
geons ; and it is notorious that not one third of the Oatmeal was
ever used, but was generally given to feed the live stock or left as
a perquisite to the Master of the Vessel when the other Provisions,
remaining after the Voyage, were landed.
The Ship in question was supplied, on sailing, with 2,205 lbs. of
Chocolate (a five Months' supply), and also a proportion of Oat-
meal for one month's Supply, and was on her Voyage 141 days ;
the 290 pounds of the former returned therefore cannot be looked
upon as a large quantity unused, and certainly does not bear out
the Report that the Chocolate was generally declined by the Con-
victs. At this moment, there is a report in Office from the Surgeon
Superintendent of the " Frances Charlotte," which ship conveyed
150 Boys and sailed in November last, wherein the Convicts refused
both Oatmeal and Chocolate, yet their health was well preserved.
GLENELG TO GIPPS. 225
Independent of all this the following statement will completely 1837.
disprove the information, which Sir Richard Bourke has received 30 Dec-
respecting the issue of Cocoa for Oatmeal, vizt. : statement
No. of Convicts No. of Proportion of by physician
Year- sent out. Deaths. Deaths. general re diet
1830 4,981 . . 45 . . 1/111 °?incsonvict
1831 5,303 . . 41 . . 1/129 stnps'
1S32 5,177 . . 54 . . 1/96
1833 5,560 . . 63 . . 1/88
1834 6,190 . . 61 . . 1/101
1835 (red ink) 5,365 . . 37 . . 1/145
Cocoa was issued during the year noted in Red Ink, and it is to
be observed that in that year the proportion of Deaths was less
than in any of the preceding.
There is another very striking circumstance in the report, which
I cannot help thinking would have staggered Sir Richard Bourke's
opinion had the Governor duly considered it.
Mr. Bell states that the illness was not confined to the Convicts
alone "for many of the Ship's Company, both young and old. were
afflicted and some of them still remain on the sick List."
Surely this quite overturns the opinion about the Chocolate ; and
it is evident from its being so underlined as I find it in the report
that Mr. Bell must have thought so likewise.
I believe it to be unnecessary to occupy more of their Lordships'
time with this Report, and the more especially as the Diet has
been re-modelled a few months ago, and, in my opinion, contains
with the medical supplies everything that is either useful or neces-
sary in preserving the health and restoring it when deteriorated.
But, if Convicts are embarked with their health already destroyed,
or sent out at such inclement seasons of the Year, no Diet or Medi-
cine nor any exertion or attention on the part of the Medical Super-
intendent can prevent the sickness, which, as in the case of the
" Prince George," extensive experience has long taught me will
uniformly follow such a state of things.
W. Burnett, Physician General.
Lord Glenelg to Sir George Gipps.
(Despatch No. 57. per ship Maria.)
Sir, Downing Street, 30 December, 1837.
I have received Sir Kichard Bourke's dispatch No. 76 of Memorial
the 4th August last with the Memorial therein enclosed from acknowledged
Mr. S. L. Harris, praying compensation for losses sustained in s- L- Harris,
consequence of a sum of money having been withheld from him,
which became due to him from the Government during his
employment as Colonial Architect in the years 1823 and 1824.
This application proceeds on the assumption that the judg- Reasons for
ment of the Court did not render justice to Mr. Harris. To application.
act, however, on such an assumption would be to attribute to the
Judges or to the Jury some error or neglect of thei" duty, which
could not justly be ascribed to them in a case where no proof
Ser. I. Vol. XIX— P
226
HISTORICAL RECORDS OF AUSTRALIA.
1837.
30 Dec.
Transmission
of order
from select
committee.
Returns
required
by select
committee
of house of
commons.
is given nor even any allegation made of any such error or
neglect. I think it impossible now to resume the consideration
of claims on which the competent Legal Tribunal has deliberated
and pronounced a decision. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 58, per ship Maria.)
Sir, Downing Street, 30 December, 1837.
I have the honor to transmit to you an extract from an
order of a Select Committee* of the House of Commons,
appointed to enquire into the question of Transportation re-
quiring certain information with reference to the Colony of
New South Wales; and I have to request that you will take the
necessary measures for preparing and transmitting to me at
your earliest convenience the information required, as far as
may be practicable. I have, &c,
[Enclosure.] Glenelg.
Extract of an Order of a Select Committee of the House of
Commons on Transportation, dated 29 November, 1837.
1. Return of the Revenues of New South Wales in each year since
the commencement of the Colony.
2. Abstract of every Census of N. S. Wales distinguishing Con-
vict, those whose Sentences have been remitted or have expired,
and free, disinguishing likewise in each class the age and sex.
3. Return of the total numbers of Convicts in N. S. Wales at
the beginning or at any other period of each year since the Com-
mencement of the Colony, distinguishing those holding Tickets of
Leave, in assigned service, in the employment of the Govt, on Public
Works, and in the Police ; likewise the number of Convicts under
sentence for Colonial Crimes distinguishing each description of
punishment, and, in each of the above classes, distinguishing age,
sex, and period of transportation.
4. Return of the Numbers of Convicts, who, in each year since
the commencement of the Colony of N. S. Wales, have become Free
by the expiration of their sentences, have obtained Free and Condi-
tional Pardons, have died, have absconded, have been Executed,
and have been missed ; distinguishing in each class the Age, sex
and period of transportation.
&. Return of the number of Persons charged with Criminal
Offences, who were committed to the different Gaols in N. S. Wales
and the dependencies thereof for Trial at the Assizes or Sessions,
held for the several Counties or Circuits and Towns therein during
the last seven Years, distinguishing the number in each Year and
shewing the nature of the crimes respectively, of which they were
acquitted or convicted, and with which those were charged agt
whom no bills were found, and who were not prosecuted ; the Sen-
tences of those Convicted and the number of those executed, who
received sentence of Death ; distinguishing Free Convicts, whoso
sentences have been remitted or have expired, Convicts holding
Tickets of Leave, and other Convicts generally, distinguishing age,
sex and period of Transportation.
Note 20.
ASSIGNMENT OF CONVICTS.
227
Lord Glenelg to Sir George Gipps. is38.
The following despatches, written in the year 1S38, have been Despatches
omitted :— omitted.
Despatch
dated numbered Transmitting
4th January 62 authority for free pardon for William Robertson.
10th January 64 approval for one absolute and sixty-four conditional
pardons.
19th January 65 conditional pardon for John Donahoe.
22nd February 78 refusal to mitigate sentence on John Thomas Morgan.
26th March 93 petition for mitigation of sentence on Robert Dennis.
26th March 94 warrant for reduction of sentence on Thomas Rimmer.
1st May 103 free pardon for John Leary.
18th June 127 recommendation in favour of wife and family to be
sent to Patrick Gaygan, convict.
23rd June 136 fourteen free and one hundred and seventy-nine condi-
tional pardons.
10th July 150 refusal to mitigate sentence on James Daley.
2nd August 172 free pardons for Dorothy Fenn and Christiana Wil-
helmina Eckhardt.
11th August 178 approval of eight absolute and one hundred and
eighteen conditional pardons.
22nd August 179 testimony in favour of wife of — Kinnear, convict.
23rd August 183 testimony- in favour of Hugh Naghten, convict.
28th August 190 instructions for confinement of Henry Hammond
alias Henry Flemming as criminal lunatic.
18th September .... Circular instructions for report re James Freeman, convict.
10th October 217 do James Vaughan, convict.
22nd October 221 authority for conditional pardon to John Mortimer
Algar.
3rd November 228 warrant for reduction of sentence on George Jenkins.
Sth November 238 instructions for confinement of John Waggoner as
criminal lunatic.
28th November 249 authority for remission of sentence on Samuel Welsh.
Sth December 254 indent of convicts per ship Neva in 1835.
Sth December 256 instructions for confinement of Ralph Nixon as
criminal lunatic.
13th December 259 approval of commutation of death sentence on Long
Jack, aboriginal.
Circular Letters.
During the year 1838, the following letters were written by the Circular
secretary of state which were similar to that* dated 5th December, ^."ir5,
1837, with the following manuscript alterations : —
Letter dated 23rd May, 1838.
Mr. Thomas Bell — a Memorial — 7th of Deer. — the removal of
Mrs. Bell and himself from the superintendence of the Female Fac-
tory at Paramatta.
Letter dated 24th May, 183S.
Mr. Henry Donnison — a Letter — 15th of Deer. — the case of James
Freeman, a Convict in New South Wales.
Letter dated 29th August, 1838.
Mr. Richard Stubbs — a Letter of his claim to a
Grant of Land in New South Wales.
Assignment of Convicts.
During the year 1838, a letter, which enclosed the assignment of Assignment
convicts (not available) per the ship named, was written by of convlcts-
lord Glenelg to Sir George Gipps, with date as under: —
Date of letter. Ship's name. No. of convicts.
20th March Bengal Merchant 270 Male.
Note 60.
228
HISTOKICAL RECORDS OF AUSTRALIA.
1838.
Despatches
omitted.
Acting Governor Snodgrass to Lord Glenelg.
The following despatches, written in the year 1S38, have been
omitted : —
Despatch
dated numbered Transmitting
1st January 1 " blue book " for the year 1836.
3rd January 3 report .on expense of return to Europe of Greek
convicts.
5th January 5 report re Ann Keogh, convict.
6th January 6 do re Edward Coady, convict.
4th February 18 quarterly return of intestate estates.
23rd February 29 three absolute and one hundred and twenty-eight
conditional pardons.
Sir George Gipps to Lord Glenelg.
The following despatches, written in the year 183S, have been
omitted : —
Despatch
dated numbered Transmitting
4th April 49 report re Robert Cragg, convict.
6th April 51 return of tickets of leave for year 1837.
6th April 52 return of deaths of convicts for year 1837.
6th April 53 return of escapes of convicts for year 1837.
18th May 78 quarterly return of intestate estates.
21st May 79 report re Charles Edsell, convict.
23rd May 80 return of assignments revoked.
18th June 87 annual medical returns.
20th June 88 rules and regulations of supreme court.
21st June 90 reports re Hugh Connors and Patrick Kinselaghr
convicts.
23rd June 93 report re Samuel Welsh, convict.
1st July 94 list of convicts requesting free passages for families.
5th July 98 requisition for medicines and stationery.
11th July 104 recommendation for commutation of death sentence
on Long Jack, aboriginal.
12th July 105 report re release of Hugh Morgan, convict.
19th July 113 report re proposed pardons for machine-breakers.
26th July 116 quarterly return of intestate estates.
23rd August 129 requisition for stores for convict services.
4th September 137 report re omission to transmit pardon for William
Nixon.
8th September 140 report re Alexander Hamilton.
10th September 141 abstract of revenue and its appropriation for 1837.
21st September 146 recommendation for commutation of death sentence-
on James McCullum.
20th October 169 report re Robert Denis, convict.
23rd October 171 request for particulars of sentence on Thomas Cullen.
24th October 172 request for particulars of sentence on Bernard
Murray.
12th November 185 requisition for convict clothing.
19th November 188 list of convicts requesting free passages for families.
30th November 192 report on immorality of John Byron, master of
female convict ship " John Renwick," with female
convicts.
5th December 194 reply to memorial by James Monds or Mounds, con-
vict, denying his claim for wrongful conviction as
bushranger.
29th December 204 two absolute and one hundred and forty-two condi-
tional pardons.
GLENELG TO GIPPS. 229
Lord Glenelg to Sir George Gipps. 1838.
(Despatch No. 59, per ship Maria.)
Sir, Downing Street, 1st January, 183-8.
I have received Sir Kichard Bourke's dispatch No. 73 of Despatch
the 1st August, forwarding Returns of Absolute and Conditional ac
Pardons, which he had granted during the year 1836, and sub-
mitting the propriety of discontinuing such Returns as being
unnecessary for the reasons stated by him.
I am aware that the Governor issues only such Pardons as he Necessity for
is instructed to grant, and that a Report therefore of what he 2olute°and
has actually done, if made in a single sentence, might be drawn conditional
-I-11P- • t • -r» pardons.
out into detail by referring to his Instructions. But on the other
hand these Returns are convenient for reference and useful as
shewing that the Instructions have been correctly understood
-and followed. If, moreover, in any case the fact should be ques-
tioned judicially or for any other legal or technical purpose, the
Returns in question would supply a material link which might
otherwise be wanting in the chain of evidence. For these reasons
I must decline to sanction the proposed departure from the estab-
lished practice. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 60, per ship Maria; acknowledged by
Sir George Gipps, 28th August, 1838.)
Sir, Downing Street, 2d January, 1838. 2 Jan.
I have the honor to transmit to you the copy of a letter Payment for
which has been addressed to this Department by desire of the chaplain at
Lords Commissioners of the Treasury respecting a disbursement Norfolk island,
of £12 9s., which appears to have been made, with the authority
of your Predecessor, for the purchase of Robes for the Revd.
Hr. Atkins while officiating as Chaplain at Norfolk Island.
If Mr. Atkins still resides in the Colony under your Govern- Payment to
ment, you will require him to refund the amount in question be refunded-
into the Commissariat Chest. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 28th December, 1S37.
With further reference to the Communication which was Disallowance
addressed by direction of this Board to you on the 15th Ulto., and of charge
to your reply of the 22nd of the same month thereto, in which you f?r r?b.es f°r
state, by desire of Her Majesty's Secretary of State for the NOTfSkfcUmd.
Colonies, that his Lordship had not received any information from
230
HISTORICAL RECORDS OF AUSTRALIA.
1838.
2 Jan.
Disallowance
of charge
for robes for
chaplain at
Norfolk island.
the late Governor of New South Wales with regard to the Disburse-
ments, which appear to have been made with his Authority on
account of Clerical robes purchased for the officiating Clergyman
at Norfolk Island, I am commanded by the Lords Commissioners
of Her Majesty's Treasury to request you will move Lord Glenelg to
apprize the Governor of New South Wales that the payment of
£12 9s. for Robes, purchased for the Revd. Mr. Atkins, has been
disallowed as a charge which should not properly have been made
against the Public, and that he will desire the Governor to give
directions that the amount may be refunded to the Chest under the
charge of the Commissary by deduction from any payment, to
which Mr. Atkins may be entitled for salary or other emoluments.
My Lords at the same time beg leave to observe to his Lordship
that the late Governor, Sir Richard Bourke, by whose authority the
payment was made, will be held responsible for the amount until
it is recovered. I am, &c,
A. Y. Spearman.
Transmission
of returns re
immigrants.
Acting Governor Snodgrass* to Lord Glenelg.
(Despatch No. 2, per ship North Briton.)
My Lord, Government House, 2nd January, 1838.
In obedience to the instructions requiring information as
to the disposal of the Emigrants arriving from time to time in
this Colony, under the arrangements adopted by Her Majesty's
Government, I have the honor to transmit three nominal Re-
turnsf shewing the engagements and wages (so far as can be
ascertained) of the Emigrants landed from the ships Adam
Lodge, arrived 13 July, 1837; John Barry, arrived 9th Sept.,.
1837; William Nichol, arrived 28th Oct., 1937.
I have, &c,
K. Snodgrass.
3 Jan.
Reports
required re
disposal of
articles ex
government
ships.
Lord Glenelg to Sir George Gipps.
(Despatch No. 61, per ship Maria ; acknowledged by
Sir George Gipps, 3rd September. 183S.)
Sir, Downing Street, 3d January, 1838.
I have the honor to transmit, for your information and
guidance, the copy of a letter from the Board of Treasury, en-
closing Statements of Articles delivered from Convict Ships
into the charge of Public Officers at New South Wales in the
years 1835 and 1836, respecting the disposal of which their Lord-
ships require to be furnished with a Report; and stating under
what Regulations Articles, delivered at New South Wales and
Van Diemen's Land from Her Majesty's Ships of War, or Trans-
ports or Convict Ships, are to be disposed of in future.
I have, &c,
Glenelg.
Note 01.
Note 62.
GLENELG TO GIPPS. 231
[Enclosure.] 1838.
3 Jan.
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 22d December, 1S3T.
I am commanded by the Lords Commissioners of Her Ma- Reports
jesty's Treasury to transmit to you the enclosed statements num- required re
bered 24, 25 and 26 of Religious Books, delivered from Convict artFcTes ex
Ships into the charge of the Assistant Chaplain at Sydney between government
the 1st April, 1835, and the 4th July, 1836, with the statement shiPs-
No. 27 of Bazils with Chains delivered into the charge of the Super-
int end-ant of Convicts at Goat's Island, New South Wales, between
the 1st April and 31 December, 1835; Also the statements No. 28
and 29 of Fittings of Convict Ships delivered into the Charge of the
Port Officer at Hobart Town between the 1st April, 1835. and
31 March, 1836 ; and I am to request you will lay these statements
before Lord Glenelg, and move His Lordship to instruct the Gov-
ernors of New South Wales and Van Diemen's Land respectively
to call upon the parties, to whom the Articles therein specified
were delivered, to state in what manner they were appropriated,
and to report the amount of the proceeds of such of them as may
have been sold by Auction, and to ascertain or fix the nature of
such as may have been otherwise disposed of (according to the
state in which the articles were when delivered), if they had been
to be purchased on the spot.
I am to acquaint you that, with a view to facilitate the adjust- instructions
ment of Claims that may be hereafter preferred by the Board of re disposal of
Admiralty in regard to Articles delivered at the Colonies of New government
South Wales and Van Diemen's Land from Her Majesty's Ships ships,
of War or Transports, or Convict Ships, my Lords have requested
the Board of Admiralty to give Orders that no deliveries of any
kind of Stores (Ordnance Stores and Stores specifically consigned
excepted) from such Ships should in future be permitted to be
made to any Department in those Colonies other than the Commis-
sariat, and their Lordships have desired the Commissariat Officers
in Charge will cause the value of the several Articles, which are
intended to be applied to the service of the Military, Civil, or Colo-
nial Departments, to be ascertained on the spot, with reference
to the cost of such Articles in the Colony, and in conjunction with
the Purser (should the deliveries be made from Ships of War) or
the Master of the Vessel delivering the same ; further that he will
insert such value in the Receipt or Certificate acknowledging the
delivery of such Stores ; and, in case any of the articles so delivered
should not be required for the public service, or should be damaged
or unfit for use (in which latter case the Board of Survey should
determine the fact), the Commissariat officer should apply to the
Officer Commanding for his Authority to cause such Articles to be
immediately sold by auction, and the net proceeds inserted in the
Receipt granted to the Purser or Master of the Vessel delivering
the same.
In the event of the Articles, so delivered over to the Cominis-
sariat, or any parcels of them, being wanted by other Public Depart-
ments, the same should be issued, under duly authorized Requisi-
tions, and the stated value being paid into the Military Chest, in
those cases in which the expence of the Service, in respect of which
232
HISTOEICAL RECORDS OF AUSTRALIA.
1838.
3 Jan.
Instructions
re disposal of
articles ex
government
ships.
Bazzels with
chains ex ship
Lady Nugent.
the Articles are issued, is not defrayed from the Military Chest
in the first instance, or, in the event of their not being so required
and being sold by Auction, the net proceeds would then be accounted
for in the usual manner.
My Lords request you will submit to Lord Glenelg the expediency
of giving directions to the Governors of those Colonies respectively
to issue such instructions, in this respect, as may be necessary
under their local Authority. I am, &c,
A. Y. Spearman.
[Sub-enclosure No. 1.]
No. 27.
An Account of Bazzels with Chains delivered from Convict Ships
into the charge of the Superintendent of Convicts at Goat
Island, New South Wales, between 1st April and 31st December.
Admiralty, 9th August, 1836.
Date of Receipt. From what Ship. Number of Bazzels with chains.
1835. Prs.
27 April Lady Nugent 44
James Mull.
Receipt.
Goat Island, Port Jackson, 27th August, 1835.
Received from Mr. T. H. Faurett, Master of the Lady Nugent, the Articles under-
mentioned:— 44 pair of Bazzels with Chains.
D. Kenny, Superintendent of Convicts.
Receipt for
religious books
ex ship
Lady Nugent.
[Sub-enclosure No. 2.]
Received from the Lady Nugent :
Sydney, 24th April, 1835.
10 Bibles;
31 Testaments ;
64 Prayer Books ;
70 Psalters.
I hereby certify the above to be a true copy.
-Oliver Sprotjle, Surgn. Supt.
Signed. — William Cooper.
Account of
religious books
ex convict
ships.
[Sub-enclosure No. 3.]
No. 24.
An account of Religious Books returned from Convict Ships and
delivered into the charge of the Revd. William Cooper, As-
sistant Chaplain. Sydney, New South Wales, between 1st April
and 31st Deer., 1835.
Admiralty. 9th August, 1836.
Date of Receipt.
1835.
24 April
31 July
31 „
24 September.
23 October ....
16 November .
From what Ship.
Bibh
Testa-
ments.
Prayer
Books.
Psalters.
Lady Nugent
Marquis of Huntley
Westmoreland
Mary
Backwell
Mary Ann
No.
No.
No.
10
31
64
19
40
56
13
27
50
6
23
5
7
16
33
18
39
76
73
176
284
No.
70
74
56
40
39
79
358
James Mull.
SNODGRASS TO GLENELG.
233
1838.
3 Jan.
[Sub-enclosure Xo. 4.1
No. 25.
Statement shewing the number of Religious Books delivered from Account of
Convict Ships at Sydney between the 1 January and 31 March, ^SEfJt0**8
i coo convict
-Loob. ships.
Admiralty, 10 October, 1836.
Date.
Ships
name.
To whom
delivered.
Bibles.
Testa-
ments.
Prayer
Books.
Psalters.
Primers.
1836.
9 March
25 „
Susan
Recovery
W. Cowper Assist-
ant Chaplain,
do.
20
1
37 77
36 68
78
72
17
17
21
73 145
150 17
J.T.B., For Comptroller of Victualling.
[Sub-enclosure No. 5.]
No. 26.
Statement of Religious Books delivered to the Chaplain Genl. at
Sydney from Male or Female Convicts on their arrival from
this country, made out from accounts received into office be-
tween the 1 October and 31 Deer., 1S3G.
Department of the Comptroller for Victuallg. and
Transport Service, 15 February, 1837.
Date.
From what ship.
By whom received.
Bibles. Teste-
ments.
Prayer
Books.
Psalters.
1836.
25 March
13 June...
Roslin Castle
W. Cowper Assist-
ant Chaplain,
do.
do.
do.
7 26
1 19
15 19
— 56
28
46
35
2
52
60
65
7
4 July ...
28 June...
Strathfieldsay
Thomas Harrison...
23 101
111
184
James Mull.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 4, per ship North Briton.)
My Lord, Government House, 4th January, 1838. 4 Jan.
With reference to your Lordship's Despatch of 15th Reports
August, 1836 (without number) addressed to Sir Richard Bourke, J^J^Sl
and to other correspondence relating to property left in New estates.
South Wales by the late Michael Byrne, and also by a person
named Kennedy, deceased, I have the honor to acquaint your
Lordship that the Colonial Secretary has fully communicated
with the Colonial Agent General in the former matter by a
letter, dated 3rd July, 1837, and in the latter by a letter dated
3rd December, 1836. I have, &c,
K. Snodgrass.
234
HISTORICAL RECORDS OF AUSTRALIA.
1838.
5 Jan.
Petition
received from
G. Wentworth.
Inability of
R. Darling
to report
on claim.
Validity of
claim affected
by delay in
application.
Lord Glenelg to Sir George Gipps.
(Despatch No. 63, per ship Maria; acknowledged by
Sir George Gipps, 15th August, 1838.)
Sir, Downing Street, 5th January, 1838.
I have received Sir Richard Bourke's dispatch No. 74 of
the 2d August, transmitting a Petition from Mr. George Went-
worth for a Grant of Land in New South Wales on the ground
of an application, which he addressed to General Darling in
1830, followed by a reference to the Land Board and a Report
from that Board in his favor in February, 1831.
It appears that, notwithstanding this Report, no grant was
made to Mr. Wentworth, altho' his claim was preferred and in-
vestigated before the promulgation of the present Regulations
for the disposal of land.
On the receipt of this application, I felt it my duty to enquire
of General Darling whether he had any recollection of the cir-
cumstances under which Mr. Wentworth failed to receive the
land, to which by the Regulations then in force he would seem
at the time to have had a fair claim. General Darling having
informed me that he has no knowledge or recollection of the
case, I have no means of forming an opinion on the validity of
the present claim except from the facts stated in the Petition,
of the general accuracy of which there does not seem to be any
question.
Under these circumstances, had this claim been preferred
within a short period after the Report of the Land Board or even
soon after the alteration of the Government Regulations in 1831,
I should have felt myself bound to admit it; but the long delay,
which has been suffered by Mr. Wentworth to intervene between
the Report of that Board and the assertion of his claim, of which
I find no explanation, appears to me materially to affect its
validity.
The acquiescence of the applicant for six years, not in a refusal
to make him a grant of land (for he does not seem to have made
a direct application or to have received a direct refusal until
December, 1836), but in the failure of the local Government to
issue to him an order for selection, raises a strong presumption
that there must have been some circumstances, altho' no record
of them now exists, which were sufficient to account for the
Report of the Land Board not being followed up as in ordinary
cases at that period by a Grant. Unless, therefore, this delay
on the part of Mr. Wentworth can be satisfactorily explained, I
should feel myself unable to admit the existence of his right.
SNODGRASS TO GLENELG. 235
Some limit must necessarily be placed to the time within which 1838.
applications founded on claims established before the introduc- '
tion of the new Regulations in 1831 are to be preferred, and, u^tSon*01'
where due diligence has not been used in prosecuting any such in time for
claim, the Applicant must submit to the consequences of his own app lca 10nb"
neglect. There may of course be circumstances of which I have
no knowledge, which would exempt Mr. Wentworth from the
operation of this rule; but, until I am acquainted with them, I
am unable to sanction a compliance with his request.
I have, &c,
Glenelg.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 7. per ship North Briton.)
My Lord, Government House, 7th January, 1838. ? Jan.
I have the honor to acquaint Your Lordship that the Nomination of
bearer, Dr. Roberts of the Royal Navy, has received the usual surgeorTto5 3S
instructions (subject to your Lordship's approval and confirma- ?elec*
tion) to select and bring out Emigrants to this Colony from the
West of Scotland.
I have the more confidence in submitting the name of Dr.
Roberts to your Lordship for the employment in question, as he
has derived experience from his previous superintendence of the
Emigrants, who recently arrived from the Isle of Skye by the
ship " William Nichol " and holds Sir Richard Bourke's certifi-
cate of his satisfactory performance of the duty.
I have, &c,
K. Snodgrass.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 8, per ship North Briton.)
My Lord, Government House, 8th January, 1838. s Jan.
The accompanying opinions of the Attorney General, in Transmission
conjunction with Mr. Kinchela, formerly Attorney General and validity!)? U
since acting Puisne Judge in this Colony, were taken by desire aft^cf m?edf
of Sir Richard Bourke before his departure from this Colony William IV.
upon the important question of the validity of Grants of Land
issued by the Governor in the name of King William IV during
the interval between His Late Majesty's decease and the receipt
of intelligence of that event in this Colony.
Your Lordship will perceive that, although both these Learned
Gentlemen are of opinion that such Grants are valid, they
236
HISTORICAL RECORDS OF AUSTRALIA.
1838.
8 Jan.
Necessity for
validating act.
suggest that for quieting all apprehensions on this subject, they
be confirmed by an Act either of the Imperial Parliament or of
the Local Legislature, with such previous consent and authority
on the part of Her Majesty as, in case the latter mode of pro-
ceeding be adopted, will be essential to its validity.
It only remains for me to submit the case for your Lordship's
consideration, with this one additional suggestion, however, that,
if a legislative measure be adopted, it may be convenient to pre-
clude the recurrence of a similar inconvenience by some general
clause, having a prospective operation. I have, &c,
K. Snodgrass.
[Enclosures.]
[Copies of these opinions are not available.]
Departure of
Sir R. Bourke.
Administration
assumed by
K. Snodgrass.
Intended
journey of
Sir R. Bourke.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch marked " Separate," per ship North Briton.)
My Lord, Government House, 8th January, 1838.
I have the honor to inform Your Lordship that, Sir
Richard Bourke having left the Colony in the ship " Samuel
Wynter" bound for Valparaiso on the 5th Ultimo, I, as the
Senior officer of His Majesty's Land Forces next in command in
New South Wales, in conformity with the Royal Instructions,
assumed the administration of the Government of this Colony,
and took and subscribed the usual oaths before the Executive
Council on the following day. I have only to add that it was
Sir Richard Bourke's intention* to proceed from Valparaiso
across the Pampas to Buenos Ayres, and thence to embark for
England. This is the first opportunity which has occurred of
apprising your Lordship of his departure since it took place,
with the exception of the " Louisa " Whaler, which was not con-
sidered eligible, as it was understood the Master intended to avail
himself of any opportunity which offered on the passage of
completing his cargo of oil.
By some of the numerous ships soon about to sail for London
with wool, I shall have again the honor of addressing Your
Lordship. I have, &c,
K. Snodgrass.
9 Jan.
Transmission of
memorial from
J. Anderson.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 9, per ship Augusta Jessie.)
My Lord, Government House, 9 Jany., 1838.
At the request of Mr. James Anderson, the Assistant
Superintendent of the Sydney Botanic Garden, I have the honor
to forward a Memorial which he has addressed to your Lordship,
Note 63.
SNODGRASS TO GLENELG. 23'
applying' for the appointment of Superintendent on the vacancy 1838.
arising- by the resignation of Mr. Cunningham.
The recommendation of the Committee of the Garden, and Testimony in
that of Capt. King, K.N., attached to the memorial, render it application.
unnecessary for me to add anything in order to entitle the
application to the most favorable consideration which circum-
stances will admit. I have, &c,
K. Sxodgrass.
[Enclosure.]
The Memorial of James Anderson, Assistant Superintendant of J^JJJJ^ °f
the Government Botanic Garden, Sydney, New South Wales, requesting
Praying, that he may receive from Your Lordship the ap- superintendent*
pointment of Superintendant of that Establishment, vacant of botanic
by the Resignation of Allan Cunningham, Esqr.
To the Right Honorable Lord Viscount Glenelg. Her Majesty's Prin-
cipal Secretary of State for the Colonies, etc., etc., etc.
Humbly Sheweth.
That Memorialist has acted in his present situation as As-
sistant Superintendant of the Botanic Garden, Sydney, for two
years and four months ; and that, during one year and six months of
that period, from September. 1S35. till February. 1*37. the whole
charge of that department devolved upon Memorialist ; as it will
also do during the present vacancy, till your Lordship pleasure is
known ;
That Memorialist has had much practical experience of his pro-
fession in this Colony, having arrived in 1832, and from that time
till 1835 was wholly engaged in Botanical pursuits ;
That Memorialist's experience in other countries is extensive,
having passed seven months in 1821 at Sierra Leone, Cape Coast
Castle, and the Island of Ascension ; and sixteen months in Rio
Janeiro and Valparaiso, in 1823 and 1824, engaged in the collection
of Botanical Specimens.
That Memorialist begs to direct your Lordship's attention to the
circumstance that Memorialist accompanied Capt. P. P. King, R.N.,
in H.M.S. Adventure, on the whole of the extensive Survey of the
Coast of Magellan, for a period of five years, as Botanical Col-
lector on the voyage.
That Memorialist, having learned that the Principal Super-
intendant of the Botanic Garden has voluntarily resigned that
Situation, takes the liberty to Solicit your Lordship's attention to
the above circumstances and to the recommendations and certifi-
cates hereunto annexed in Memorialist's favour; and most respect-
fully reciuests that Your Lordship will be graciously pleased to put
a favorable construction on his past services, and recommend him
to Her Majesty for the appointment of Superintendant of the
Botanic Garden, Sydney;
That Memoralist trusts His long service, His Botanical experi-
ence acquired in various Countries, and his Capability to conduct
the Botanical Department with efficiency, for the advantage of the
238
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
9 Jan.
Testimony in
favour of
application.
Colony and for the collection and transmission to the Mother Conn-
try of rare and valuable Plants, will induce your Lordship to Grant
the Prayer of this Memorial, and Memorialist will ever Pray,
Sydney, January, 1838. James Anderson.
The foregoing Memorial was- presented at a General Meeting of
the Committee of the Australian Museum and Botanical Garden of
Sydney ; and it was unanimously considered that the appointment
of .Mr. James Anderson to the Superintendance of the Botanical
Garden would be advantageous to that Institution.
The Committee are anxious to bear testimony to the attention and
Zeal always displayed by Mr. Anderson, when placed in charge of
the Garden, during the absence of the Superintendent at various
times in the Interior, and at New Zealand, and also for the period
between Mr. Richard Cunningham's death and the appointment of
Mr. Allan Cunningham ; and therefore feel great pleasure in recom-
mending the Prayer of the Memorialist ;
Alexr. McLeay. Wm. Macarthur.
Phillip P. King. George Macleay.
Jos. Thomson.
I further Certify, that Mr. Anderson's Conduct, whilst under my
Command, during the Survey of the Straits of Magalhaens and the
Coasts of Patagonia, was most zealous and active, and in my
opinion, on that account, highly deserving of the favorable con-
sideration of her Majesty's Govt. Phillip P. King, Capt, R.N.
10 Jan.
Transmission of
memorial from
Revd. J.
McGarvie.
Memorial of
Revd. J.
McGarvie
soliciting
land grant.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 10, per ship Augusta Jessie; acknowledged by
lord Glenelg, 5th July, 1838.)
My Lord, Government House, 10th January, 1838.
I have the honor to transmit, at the request of the Rev.
J. McGarvie, a presbyterian Minister of one of the Scots
Churches in Sydney, an application for a Grant of Land under
the circumstances which he details. Those circumstances are,
I believe, correctly stated by him, and I am bound, in trans-
mitting his Memorial, to add that his character and conduct as
a Minister of Religion and useful colonist have been uniformly
such, since his arrival in 1826, as to entitle his claim to every
consideration which on this ground can be extended to it.
I have, &c,
[Enclosure.] K Snodgrass.
The Memorial of the Revd. John McGarvie, AM-, Minister
of St. Andrew's Scots Church, Sydney, New South Wales,
Praying a Grant of Land, or Compensation in lieu thereof,
To the Right Honorable Her Majesty's Principal Secretary For
the Colonies, etc., etc., etc.,
Humbly sheweth,
That Memorialist arrived in 1826 and has been a Minister
of the Colony ever since, having been stationed at Portland Head
as Presbyterian Minister of the District of the Hawkesbury from
arrival till 1832, and from 1832 till the present time in Sydney.
SNODGRASS TO GLENELG. 239
That, at the period of Memorialist's arrival. Ministers of Religion 1838.
in Virtue of their Office were allowed one Grant of Land, amount- 1Q Jan-
ing to Twelve Hundred and Eighty Acres at the end of five Years, Memorial of
and an equal quantity at the end of Ten Years ; and in 182S The Revd. J.
Revd. Dr. Lang. Minister of the Scot's Church, Sydney, received McGarvie
a Grant to that Amount on the usual Conditions; lanTgrant.
That, by your Lordship's Despatch to Sir Richard Bourke, dated
14th February. 1S36, your Lordship was graciously pleased to
authorise His Excellency to accede to the Claims of certain Epis-
copal Ministers who arrived in 1S29. three Years subsequent to the
arrival of Memorialist, and the Legislative Council were pleased to
vote the sum of nearly Eight Thousand pounds by way of com-
pensation for such Claims. Your Lordship having stated in that
Despatch " That all the Chaplains holding their appointments in
the Colony at the time when Sir George Murray's arrangement was
promulgated, as well as any who received their appointments while
that arrangement continued in force, are entitled to the compensa-
tion proposed by your Lordship in that Despatch."
That, in 1S37. Memorialist had the honor to submit to His Excel-
lency the Governor his Claims for a Grant of Land or for Compen-
sation, and received a gracious reply expressive of His Excellency's
sense of the merits of Memorialist's Claim and of His Excellency's
" willingness to comply with the request made, had the same been
in his power, without referring in the first instance to your Lord-
ship."
That Memorialist had the honor to receive from His Excellency
a Letter, dated 1st August. 1837, in which it is stated " That His
Excellency will not stand in the way of any application that may
be made to your Lordship in Memorialist's favor, and is sorry that
in this case he can do nothing from himself."
That Memorialist has served as a Clergyman in this Colony for
nearly Twelve Years in the effective and uninterrupted discharge
of his Ministerial duties, without receiving any indulgencies granted
to other Ministers.
That Memorialist did not receive outfit on leaving the Mother
Country, as Ministers of the Church of Scotland do who now
arrive in the Colony.
That Memorialist has had a Salary of only One Hundred Pounds
per Annum inadequate for his comfortable Maintenance.
That Memorialist has been instrumental in founding Two
Churches, 1st. Portland Head having a Glebe and House, purchased
in 1828 at a cost of £320. and 2d. St. Andrew's Scots' Church.
Sydney, erected at an expence of £2.224. which Church is not
encumbered with any Debt.
That Memorialist trusts to the justice of His Claim, and to the
principle recognised by your Lordship in the case of the Clergymen
of the Church of England, who arrived in 1829 and who in the
present Year have received ample compensation for their Claims for
Land, and to the fact that Clergymen, arriving prior to 1829. re-
ceived such Grants including the Senior Minister of the Scots
Church, Sydney; and Memorialist respectfully solicits your Lord-
ship's favorable attention to the claim now made for a Grant of
Land, or for Compensation in lieu thereof by an abatement in tin1
purchase of Land at the minimum price.
That Memorialist is the only Minister of the Church of Scotland,
resident in the Colony for five years prior to 1831 (when the change
240
HISTORICAL RECORDS OF AUSTRALIA.
1838.
10 Jan.
Memorial of
Revd. J.
McGarvie
soliciting
land grant.
took place in the mode of disposing of Crown Land), who has not
received the usual indulgence granted in this respect to Clergymen :
and Memorialist hopes, that your Lordship will now readily grant
the Prayer of this Memorial from the consideration that, by putting
a favorable construction on Memorialist's Claim, no future Claim
can be made by any Minister who arrived before that period,
either for Land or Compensation, The Claims of the Church of
Scotland being thus extinguished prior to 1831.
Memorialist therefore humbly Prays that Your Lordship will be
graciously pleased to authorise His Excellency the Governor to
make to Memorialist a Grant of Twelve Hundred and Eighty Acres
of Land for five Years' Service prior to 1831, and such further Com-
pensation for additional Service, as to your Lordship may appear
just and expedient ; and Memorialist will ever pray.
John McGarvie, Minr.,
Svdnev, 19th Deer., 1837. St. Andrew's Church, Svdnev.
11 Jan.
Transmission of
memorial from
R. Uther.
Former
refusal of
land grant.
Memorial of
R. Uther
soliciting
land grant.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 11, per ship Augusta Jessie.)
My Lord, Government House, 11 January, 1838.
I have the honor to transmit a Memorial which Mr. Reuben
Uther has addressed to your Lordship, praying that he may re-
ceive a Grant of Land under the regulations in force before
the year 1831.
The answer, which by direction of Sir Richard Bourke was
returned to Mr. Uther's application, when made in the first in-
stance to this Government, will place your Lordship in possession
of the nature of his claim and the reason for its necessary rejec-
tion, unless the grant be specially authorised by your Lordship.
I have, therefore, the honor to transmit a copy of that letter
as the most satisfactory report I can make on the Memorial
under transmission. I have, &c,
K. Snodgrass.
[Enclosure.]
The Humble Memorial of Reuben Uther, of Sydney, in the
Colony of New South Wales, Hat Manufacturer,
To The Right Honorable The Principal Secretary of State for the
Colonial Department, etc., etc.,
Humbly Sheweth,
1. That your Memorialist arrived in the said Colony in the
year 1807. as an Emigrant Settler from England, and, with the
exception of a short visit to his native Country, has continued to
reside therein ever since.
2. That in the year 1812, your Memorialist succeeded, after great
exertions and considerable outlay of Capital, in establishing in
Sydney aforesaid a Manufactory of Hats from Colonial material,
which, being nearly the first attempt of the kind that had been
made since the foundation of the Colony, was generally esteemed
by the inhabitants as a most useful and meritorious undertaking.
SNODGRASS TO GLENELG. 241
3. That, at that early period in the history of Australia, when is38.
her commercial intercourse with the Mother Country was extremely n Jan.
tartly and precarious, Governor Macquarie attached so much im- Memo^J~of
portance to the introduction of domestic manufactures, that it was r. uther
His Excellency's practice to reward the successful enterprise of soliciting
individuals in such pursuits with free Grants of Crown Lands; and, land srant-
in conformity with that practice, His Excellency was pleased to
make to your Memorialist, as a bounty for his services to the public
in his aforesaid Manufactory, a free Grant of four hundred (400)
acres.
4. That, upon receiving the said Grant, your Memorialist, without
discontinuing his Manufactory in Sydney, proceeded to fence, clear,
and cultivate the land, and to make other improvements thereon;
and it was not until he had thereby expended full a thousand
pounds sterling, that he was induced by circumstances beyond his
control to alienate the whole four hundred acres to the late Mr.
Thomas Rose of Appin. who made thereon many very expensive
improvements and occupied the same as a homestead until his
decease.
5. That, in the year 1825, your Memorialist, leaving his afore-
said Manufactory under the care of a competent Superintendent,
proceeded on a visit to England where he remained until the
subsequent year.
6. That, during the said visit, your Memorialist made an applica-
tion to the Right Honorable the Secretary of State for the Colonies,
setting forth the circumstances of his case, and praying that His
Lordship would be pleased to furnish him with an Order for a
Grant of Land in the said Colony ; with which Application His
Lordship was pleased to comply ; and. upon your Memorialist's
return to the Colony in the year 1820, he accordingly brought with
him written instructions from Downing Street to Governor Darling,
dated 5th September, 1825. to the effect that His Excellency was
to make to your Memorialist a free Grant of Land, proportioned in
extent to the amount of capital which he could apply to the improve-
ment thereof, and upon the terms and conditions of the Regulations
at that time in force.
7. That, upon his delivering the said order to Governor Darling,
in the month of January, 1827, your Memorialist was desired by
His Excellency to appear before the Land Board for the purpose of
proving the amount of his available capital ; and your Memorialist
appeared before the Board accordingly; and, by a Certificate of his
Cash credits at the Bank of New South Wales, and the personal
testimony of Robert Campbell. Junior, Esquire, of Bligh Street, he
proved to the entire satisfaction of the Board that he was entitled,
by the amount of Capital he bona fide possessed, to a Maximum
Grant of two thousand, five hundred and Sixty Acres. The correct-
ness of this Statement may be proved by reference to the Records
of the Land Board, and your Memorialist begs respectfully to refer
your Lordship to the Certificate of the said Mr. Campbell, here-
unto subjoined. Vide Appendix A.
8. That the decision of Governor Darling, upon the Report of the
Land Board, was communicated to your Memorialist by a Letter
from the Honorable the Colonial Secretary, dated the 20th Febru-
ary. 1827, informing him, by direction of His Excellency, "that, in
present circumstances, he could only be allowed to rail, under the
16th Article of the Government Order. No. 35. of 1826." Vide
Appendix B.
Ser. I. Vol. XIX— Q
242
HISTORICAL RECORDS OF AUSTRALIA.
1838.
11 Jan.
Memorial of
R. Uther
soliciting
land grant.
9. That, on referring to the said Government Order (copy whereof
is subjoined in Appendix C), your Memorialist could not but feel
greatly disappointed and aggrieved at a decision so unexpected and
unjust, since his application was not, as by the decision was as-
sumed, either for a "Reserve of Land" or for a " Grant in Exten-
sion" but for a Primary Grant, proportioned to his Capital as
virtually a newly-arrived Emigrant, and under the Special Order
of His Majesty's Secretary of State; his Grant of four hundred
acres, mentioned above in paragraph 3, having been given him
expressly and exclusively as a Bounty for his services as a Colonial
Manufacturer.
10. That this decision, contrary as it was to reason, to justice,
and to facts, appeared to your Memorialist nevertheless to be a
final and conclusive rejection of his claim, and he therefore took no
further steps in reference thereto ; but, having recently ascertained,
by the Government Notice of the 27 June last, founded upon instruc-
tions from your Lordship, that His Majesty's present enlightened
Government are ready to afford redress to parties whose claims to
lands are just and reasonable, your Memorialist addressed a Me-
morial to His Excellency Sir Richard Bourke, K.C.B., dated the
21st August last, setting forth the foregoing facts, and humbly
praying for such enquiry into the truth thereof as to His Excellency
might seem proper, with a view to his receiving the Grant of Land
to which he was entitled, as aforesaid, under the Regulations of
1826-7, and in pursuance of the Order of the Right Honorable the
Secretary of State.
11. That, in reply to the said Memorial, your Memorialist has
had the honour to receive a Letter from the Honorable the Colonial
Secretary, dated the 23rd October ultimo, informing him, by direc-
tion of the Governor, that His Excellency could not, under the
circumstances, entertain his application, his claim under the letter
of the Secretary of State, of date the 5 September, 1825, having
been negatived by the local Government on 20 February, 1827, and
the Regulations of 1826 and 1827 not applying to his case; His
Excellency, however, recommending your Memorialist to make
special application to the Secretary of State on the subject. Vide
Appendix D.
Wherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises into your favorable considera-
tion, and to authorise and direct His Excellency the Governor of
NewT South Wales to make' due enquiry into the foregoing state-
ments, and, upon His Excellency being satisfied of the truth thereof,
to make to your Memorialist a Maximum Grant of Two thousand
five hundred and sixty acres of Land.
And your Memorialist will ever pray, etc., etc., etc.,
Reuben Uther.
Sydney, New South Wales, 4th November, 1837.
[Appendix A, referred to in paragraph 7.]
Certificate re I hereby certify that, in or about the month of February, 1827, to the best of my
claim of recollection and belief, I attended before the Land Board of New South Wales at
R. Uther for their Office in Sydney, as the Referee of Mr. Reuben Uther, the present Memorialist,
maximum and then and there proved, to the satisfaction of the said Board, that the said Me-
land grant. morialist wa9 at that time actually possessed of bona fide property to an amount,
which entitled him, under the Government Regulations then in force, to a Maximum
Grant of Two thousand Five hundred and Sixty Acres of Land.
Witness my hand at Sydney aforesaid this day of ,
1837. [Unsigned.]
SNODGRASS TO GLENELG. 243
[Appendix r>. referred to in Paragraph S.] 1838.
Colonial Secretary Macloeay to Mr. R. Uther. n Ja"'
Sir, Colonial Secretary's Office, 20 February, 1827.
In reply to your application for an additional Grant of Land, dated 23 Janu- Authority for
ary, 1S27, I am directed by His Excellency the Governor to inform you that, in lease of land,
present circumstances, you can only be allowed to rent, under the 16 Article of the
Government Order, No. 35 of 1S26. I am, &c,
Alexr. McLeay.
[Appendix C, referred to in Paragraph 9.]
Extract from Government Order No. 35, dated 5th September, 1S26*.
16. Persons, desirous of obtaining " Reserves of Land " or " Grants in Extension," Regulation re
will make application in the prescribed form through the Colonial Secretary ; and, reserves and
if no objection exists, the Governor will authorise them to occupy the land the}' grants in
may make choice of, until His Majesty's pleasure be known, on their engaging to pay extension,
rent, in the meantime, at the rate of one pound sterling per annum for every
100 Acres.
[Appendix D, referred to in Paragraph 11.]
Colonial Secretary Thomson to Mr. R. Uther.
Sir, Colonial Secretary's Office, Sydney, 23rd October, 1S37.
I duly received and submitted to the Governor your Memorial of the Refusal of
21st August, claiming additional Land; and, in reply, am directed by His Excel- land grant,
lency to inform you that he cannot, under the circumstances, entertain your applica-
tion, your claim under the letter of the Secretary of State, of date the 5th Sep-
tember, 1S25, having been negatived by the local Government on 20th February,
1827, and the Regulations of 1826 and 1827 do not apply to your case. His Excel-
lency however recommends your making special application to the Secretary of State
on the subject. I am, &c,
E. Deas Thomson.
12 Jan.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 12, per ship Augusta Jessie.)
My Lord, Government House, 12 January, 1838.
I have the honor to acknowledge the receipt of vour Lord- Despatch
ship's Despatch of the 11th of July, 1837, Xo. 312, addressed to ackn™iedged.
£>ir Richard Bourke, referring to two petitions received by your
Lordship from Mr. Mackillop, respecting the claims of certain
proprietors of Stock at Port Phillip, and desiring a Report
thereon.
In reply, I beg to state that the former of these petitions is Petitions from
an application disposed of by the Proceedings of the Executive q[ stock a?
Council, already submitted to your Lordship in Sir Richard port Phillip.
Bourke's Despatch dated 12th Xovember, 1836, Xo. 121, the
decision of which Body, in the several matters embraced thereby,
your Lordship has been pleased to confirm by a Despatch dated
10th July last, Xo. 341.
The second petition (a copy of which is enclosed) consists of
a further communication in reply to the decision of the Council,
as provisionally communicated to Mr. Mackillop, pending your
Lordship's confirmation. Sir Richard Bourke did not consider
that the grounds of that decision were at all shaken by the addi-
tional arguments resorted to, as will appear by the answer
241
HISTORICAL RECORDS OF AUSTRALIA.
1838.
12 Jan.
thereto, addressed to Mr. Mackillop on the 2nd of January,
1837, the accompanying copy of which will furnish your Lord-
ship with the most satisfactory Keport which I can supply on the
matter in question. I have, &c,
K. Snodgrass.
[Enclosures.]
[Copies of these papers will be found in a volume in series I II. J
13 Jan.
Transmission of
letter from
bishop of
Australia.
Application
for eighteen
clergy.
Acting Goverxor Snodgrass to Lord Glenelg.
(Despatch No. 13, per ship Augusta Jessie; acknowledged by
lord Glenelg, 30th July, 1838.)
My Lord, Government House, 13 Jany., 1838.
The Letter from the Bishop of Australia, of which I have
the honor to transmit a copy, was addressed to Sir Richard
Bourke so soon before his departure from the Colony, that it has
necessarily devolved upon me to submit it for your Lordship's
consideration and commands. It contains an application for
eighteen clergymen of the Church of England, in addition to the
nine which, in compliance with a former one, are now in course
of arrival, and I have the gratification to observe that the Bishop
considers such arrangements to be in actual progress for the
reception of this additional number as will fully ensure their
being provided immediately on their arrival with Churches and
Cures, established by the union of private and public contribu-
tions, in conformity to the existing ecclesiastical arrangements of
the Colony.
Your Lordship will be pleased to observe in this present
application a further convincing proof that the interests of the
religious community over which the Bishop presides have not
suffered any deterioration by the liberal and impartial encourage-
ment extended to others.
Upon the details of the subject, I need here add nothing to
the full and explicit contents of his Lordship's letter.
I have, &c.,
K. Snodgrass.
[Enclosure.]
Bishop of Australia to Sir Richard Bourke.
Sir, Sydney. 2nd December, 1S37.
In further reference to the letter addressed to me on the
30th October by direction of Your Excellency, to which I have
already had the honor to reply, and wherein a communication was
made to me of the actual or expected arrival of the nine Clergymen,
whose appointment was last year recommended by me, I beg to
SNODGRASS TO GLENELG. 245
submit to your Excellency in the first place the mode in which 1838.
the services of those gentlemen have been, or will be, with your 13 Jan.
Excellency's approval disposed of. I propose to license stations
Rev. W. Stack to West Maitland ; Rev. W. Sowerby to Goul- proposed
burn; Rev. G. N. Woodd (pro tempore) to St. James's, for cler§'^
Sydney, vice Cartwright ; Rev. J. K. Walpole to Bathurst.
Of the Clergymen announced as yet to arrive, I purpose to fix the
stations as follows, viz. : —
1 at Sydney, St. Andrew's Parish ; 1 at Brisbane Water ; 1 at
Mulgoa cum South Creek ; 1 at Quenbeyan, for the sur-
rounding Districts ; 1 at Cook's River, New Town.
At all the above places, the inhabitants have complied with the
requisite conditions of subscribing £300, and will also provide up-
wards of 200 or 500 names (as the case may be) of adults willing
to attend the Churches.
I have the honor to submit to your Excellency a further list of
places, at which the same proceedings have taken place; and, on Proposed
behalf of the inhabitants of which, applications have been made to locations for
, , . , ,. i-., . additional
me tor the appointment of Clergymen, viz. : clergy.
Prospect, with Hebersham and 7 Hills ; Appin with parts of
Bargo; Bungonia ; Castle Hill and Dural ; Dapto, in Illa-
warra; Patrick's Plains, with Glendon and Vane;
McDonald's River and Colo; Oaks, with Burrogorang and
parts of Bargo and Stone Quarry; Paterson and Township;
Paterson and Allyn ; junction of the Rivers, North of
Trevallyn IS miles from the Township ; Richmond and
Kurrajong; Scone, near Invermein ; Raymond Terrace;
Clarence Town; River Hunter (near Sparke's) ; Wingelo
and Marulan ; Mudgee.
I beg permission to add that I have received an application from
the principal residents at Port Phillip to furnish them with assist- Request for
ance towards the erection of a Church, and to nominate a Resident ^sident
Clergyman ; and I have in reply made a proposition to the Police Porf'phfnip.
Magistrate for raising the amount required, in so advantageous a
mode, that I cannot doubt of its being before this time carried
into effect ; although, from some recent interruption of intercourse,
I have not received the Report of their last proceedings.
The conditions of the Act of Council may therefore be considered Request for
as having been complied with in eighteen instances, entitling the o^e^hteen
subscribers to obtain Stipends for their Clergy; and I have the additional
honor to request that Your Excellency will submit to the Secretary clergy.
of State my application for the appointment of that number (i.e.,
eighteen Clergymen) in addition to those reported as already
nominated. I have, &c,
W. G. Australia.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 14, per ship Isabella.)
My Lord, Government House, 23rd January, 1838. 23 Jan.
I have been requested by the bearer, Dr. Robert Stewart, Nomination of
who came out to this Colony in charge of the Emigrants by the Slrffeonlf'sd t
ship " Midlothian " from the Isle of Skye under your Lordship's emigrants.
246
HISTORICAL RECORDS OF AUSTRALIA.
1838.
23 Jan.
Nomination of
R. Stewart as
surgeon to select
emigrants.
Remuneration
for R. Stewart
as surgeon
on ship
Midlothian.
Reasons for
nomination
of R. Stewart.
appointment, to recommend him for further employment on a
similar service. As I have reason to believe that Dr. Stewart
conducted with much zeal and efficiency the superintendence of
the Emigrants on the voyage, I have the more readily acceded
to his request, and have accordingly directed him to be furnished
with instructions, subject to your Lordship's approbation to
select and bring out a part of Emigrant Mechanics, Shepherds,
and Farm Servants, with their families, from the counties of
Sutherland, Inverness, and Ross. From his knowledge of the
country and language, and his connexion with some influential
persons residing there, he entertains sanguine hopes of being
able to make a very eligible selection. The terms of his re-
muneration, he has been informed, have been left to be deter-
mined by Your Lordship.
In the absence of any specific instructions from your Lordship
as to the terms on which Dr. Stewart was engaged to bring
out the emigrants by the " Midlothian," I have had considerable
difficulty in determining the amount of remuneration to be paid
to him. Dr. Stewart claims the same allowances as were paid
to Dr. Roberts of the Royal Navy, who came out in charge of
the emigrants by the " William Nichol," also from the Isle of
Skye; but, on the other hand, from the expectation expressed
by Mr. Elliot in the copies of the correspondence enclosed in your
Lordship's Despatch of the 21st July last, No. 347, of the great
saving which would ensue from the employment of private
Surgeons, I am led to infer that it was not intended to grant Dr.
Stewart remuneration to the extent he claims. Under these
circumstances, I -have authorised his receiving the sum of £80
for passage out, £100 gratuity, £15 for Lodging allowance, and
£100 for his passage home, leaving to your Lordship to grant
him such further allowance as the efficient and zealous perform-
ance of the duties entrusted him may seem to merit. Dr. Roberts,
in addition to these allowances, will receive his full pay as a
Surgeon of the Navy, at the rate of fourteen shillings a day
from the date of appointment to that of his return home. It is
but just to add that Dr. Stewart attended daily, during the dis-
tribution of the Emigrants he brought out, to afford them his
advice and assistance in obtaining suitable employment, and in
explaining to them in their own language the terms offered to
them.
In recommending Dr. Stewart for further employment in the
Emigrant Service, I deem it proper to observe that, although
preferring as a general rule a Surgeon accustomed to the sea
and the treatment of persons on board of ship, the knowledge
GLENELG TO GIPPS. 247
and experience which he has now acquired qualify him more 1838.
fully for the appointment, whilst the difficulty said to be ex-
perienced in obtaining' the requisite number of Naval Surgeons
renders it expedient to procure the services of other competent
Surgeons. I have, &c,
K. Snodgrass.
Lord Glenelg to Sir George Gipps.
(Despatch No. 66, per ship Maria.)
Sir, Downing Street, 25 January, 1838. 25 Jan.
This Despatch will be presented to you by Captain Sir
James Gordon Bremer,* R.N., who has been appointed by the
Lords Commissioners of the Admiralty to proceed in Command Proposed
of H.M.S. " Alligator " to establish a Post on the Northern Coastf ffSrth**
of Australia, for the purpose of giving protection to British Australia.
Commerce carried on thro' Torres Straits with China and India
and with the Islands of the Indian Archipelago, and of affording
an Asylum for those who may be shipwrecked on that Coast.
Sir J. Bremer will Communicate to you the Instructions which
he has received, and you will afford him every assistance in your
power in carrying into effect the objects of the Expedition.
You will issue a Commission under the Seal of the Colony Commission to
appointing Captain Sir J. G. Bremer, or in his absence the je G^Bremer.11
senior Officer in Command of the Marines, to act as Commandant
with such powers as may be necessary for the order and good
Government of the Post to be formed, as it is within the limits
of your Government.^: I have, &c.,
Glenelg.
Lord Glenelg to Sir George Gipps.
( Despatch No. 67, per ship Maria ; acknowledged by
Sir George Gipps, 24th August, 1838.)
Sir, Downing Street, 26 January, 1838. 26 Jan.
With reference to my Dispatch No. 377 of the 29th Septr. correspondence
Last, transmitting a Correspondence between this Department p^plJ^Siente
and the Board of Treasury respecting the gratuitous admission i« hospitals,
into the Hospitals at Van Diemen's Land of Persons in dis-
tressed circumstances, I have the honor to enclose herewith, for
your information and guidance, the Copy of a further Letter on
the subject, which has been addressed to my LTnder Secretary by
desire of the Lords Commissioners of the Treasury. And I have
to request that you will take such measures as may be necessary
for giving effect to their Lordships' wishes, as expressed in Mr.
Spearman's Letter. I have, &c,
Glenelg.
* Note 64. f Note 37. $ Note 65.
248 HISTOEICAL RECORDS OF AUSTRALIA.
1838. [Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 8th January. 1838.
Referring to the communication, addressed to you by direc-
tion of this Board on 31st October last on the subject of the
arrangements relating to the admission of Paupers into the Colonial
Hospitals in the Penal Settlements, and to your reply of 20th No-
vember last, in which you state, by order of Her Majesty's Secre-
tary of State for the Colonies, that his Lordship is of opinion that
Convicts, who have become free Settlers, after having served the
term of transportation or after having been pardoned, should be
admitted into the Hospitals only on the same terms as other free
Persons, that is, at the expence of the Colonial Funds, and not at
the charge of the Funds appropriated for the maintenance of Con-
Instructions victs, I am commanded by the Lords Commissioners of Her Ma-
rc charge for jesty's Treasury to request you will state to Lord Glenelg that my
Inhoso/tais6"*3 Lords will, with reference to the arrangements respecting the
General Hospitals in New South Wales and Van Diemen's Land,
and in order that the necessary Instructions may be forwarded to
the Medical Officers on those stations, apprize the Secretary at
War that the charge for those Paupers who. after having been
Convicts, remain in the Colonies as Settlers on the expiration of
their terms of transportation, or on their emancipation in any other
manner, are to be defrayed from the respective Colonial Funds ;
and My Lords will also make a communication to this effect to
each of the Officers in charge of the Military Chests on these
Stations, and they request that His Lordship will give corre-
sponding Instructions to the Officers administering the Governments
of those Colonies.
I am further directed to transmit Copies of a Letter from Deputy
Commissary General Darling of 19th May last, and of its enclosures,
and, referring to such parts thereof as relate to the rate of Pay-
ment to be made for Paupers, to request that you will suggest to
Lord Glenelg that the Governors of New South Wales and Van
Diemen's Land should be informed that the Hospital Charge, both
for assigned Servants and for Paupers, should depend upon the
average Cost of the subsistance and other specific expences attend-
ing the admission of these Patients, and that it would be advisable
that the Rate of Charge should be referred for the consideration
of a Board of Medical or other Competent Officers.
I am, &c,
A. Y. Spearman.
[Sub-enclosure No. 1.]
Dep. Commissary-General Darling to Mr. A. Y. Spearman.
Commissariat of Accounts, Hobart Town,
Sir, Van Diemen's Land, 19 May, 1837.
Previous With reference to my Letters No. 244 and 253, the latter
criticism of covering my original observation No. 135 on the Cash Accounts of
Assistant Commissary General Moodie for the month of February,
1S37, relative to the payment of a Sum of £564 8s., due for Hos-
pital treatment of free Patients for the Quarter ended 31st Decem-
ber last,
I have the honor to transmit herewith, for the information of
the Right Honorable The Lords of the Treasury, certified Copies
charge for
pauper patients
GLENELG TO G1PPS. 249
of Two Letters furnished by the Deputy Inspector General of Hos- 1838.
pitals for my guidance, and addressed to him by The Colonial Secre- 26 Jan-
tary, on the subject of Hospital Fees from Free Paupers and
Clothing to be supplied them.
With regard to the charge of two Shillings per diem for the Rate of
maintenance of free Patients in the Hospitals, I beg leave to observe charge-
that this rate was fixed by the Colonial Government on the
1st August, 1S32, since when no objection has been made to it, but
since that portion of the expences to be defrayed from Colonial
Funds, the Charge has been considered too high.
I have, &c,
D.C.G. Darling, D.A.C.G.
[Sub-enclosure No. 2.]
Colonial Secretary Montagu to Dep. Inspector-General of
Hospitals.
Sir, Colonial Secretary's Office, 10th April, 1837.
I am directed to inform you that The Lieutenant Governor
has had under consideration in the Executive Council your com-
munication of the 11th February last, enclosing, in accordance with
my Letter of 26th August. 183G, certain Accounts of the cost of
maintaining a number of free Pauper Patients in the Hospital.
His Majesty's Government having thrown the whole expence of
the Police and Gaols upon the Colony, it was considered by the
Secretary of State but reasonable that the Medical Department, Charge for
which was kept up almost exclusively for Convict Purposes, and ^!^c^ent .
towards which Colonial Revenue had contributed on an average of
£370 a year, should be borne entirely by the Convict Funds, and
this course was further determined upon to prevent the inconveni-
ence which had been experienced by paying the same branch of
service from two distinct sources ; at the same time it was deemed
unreasonable to saddle the Home Government with the charge for and for pauper
maintaining such free objects of Charity, who never had been patients.
Convicts, as were compelled to seek admission into the Hospitals.
Accordingly the communication of the 26th August last was made
to you. At that time, it was contemplated the expence of this mea-
sure would be very trifling, not exceeding £200 a year.
Since that period, however, the influx of Pauper Emigration to
the Colony has been so great, that the arrangement from which
relief was anticipated would have turned out a serious burthen,
if the very great and every great increasing demand submitted by
you were entertained.
With regard to the Patients themselves, there cannot be a doubt
that they have all been properly admitted into the Hospitals as
they have been invariably recommended by a Magistrate or Clergy-
man and yourself; but it becomes necessary to enquire whether the Reduction in
charge of 2s. per diem for each is not too much ; and, considering charge for
that Is. only is charged for assigned Servants, His Excellency will pauper patients,
not sanction under any circumstances a larger cost, for the free
Pauper Patients. Before even admitting, however, a demand at
this rate, it is to be borne in mind that the Colony has a very large
claim upon the home Government for the maintenance in the
King's Orphans' Schools of the Children of Convicts, most of whom
have accompanied their Parents to the Colony and whose support
has thus been, as it were, forced upon the Colonial Revenue.
250
HISTORICAL EECOEDS OF AUSTRALIA.
1838.
26 Jan.
Until this has been adjusted, it will be unnecessary to entertain
the question of your demand for the Hospital treatment of the free
Pauper Patients ; but you will distinctly understand that, whenever
a Settlement shall be made, a greater rate than one shilling per
diem for each cannot be authorized. I have, &c,
John Montagu.
[Sub-enclosure No. 3.]
Colonial Secretary Montagu to Dr. Arthur.
Sir, Colonial Secretary's Office, 6th May, 1837.
Charge for I am directed to acknowledge the receipt of your Letter of
pauper patients tne 18tn Ultimo, suggesting that sonie arrangement should be
at New " made for supplying Clothing to the Free Paupers in the New Nor-
Norfolk. folk Hospital, and to inform you that, as it appears upon enquiry
that nineteen only of the eighty-four Invalids in this Institution
came free to the Colony, the remainder having been Convicts.
although now free by servitude, the Lieutenant Governor does not
consider it necessary to direct a separate provision for such
Persons.
All expences, connected with Persons transported to the Colony,
must, you are aware, be borne by Funds applicable to Convict
purposes ; you will therefore have the goodness to cause requisi-
tions to be made for the Clothing required for these 84 men in the
same manner as though they were all under Sentence.
I have, &c,
John Montagu.
27 Jan.
Advance to
agent general.
Lord Glenelg to Sir George Gipps.
(Despatch No. 68, per ship Maria; acknowledged by
Sir George Gipps, 6th July, 1838.)
Sir, Downing Street, 27 January, 1838.
In pursuance of the arrangement which has been adopted
for supplying the Agent General for New South Wales with the
Funds required for the service of the Colonial Government in
this Country, the Lords Commissioners of the Treasury have
sanctioned an advance of Twelve thousand, Two hundred and
Sixty seven Pounds on account of your Government to Edward
Barnard, Esq. I have therefore to direct you to cause that sum.
to be repaid into the Military Chest of the Colony.
I have, &c,
Glenelg.
Annual
certificate
required re
R. Dulhuntv.
Lord Glenelg to Sir George Gipps. .
(Despatch No. 69, per ship Maria.)
Sir, Downing Street, 27 January, 1838.
With reference to Mr. Hay's letter to Sir Eichard Bourke,
dated the 29th December, 1833, respecting the annual transmis-
sion to this Country of a Certificate of the Existence of Mr.
Robert Dulhunty, who is residing at New South Wales, I now
GLENELG TO GIPPS. 251
enclose the copy of a letter from the Captain Superintendent of 9i8^8-
the Eoyal Naval Hospital at Plymouth, stating that no such '
Certificate was received during the last year. Certificate
I have to request that you will give the necessary directions required re
for ensuring the regular transmission to the Naval Hospital
at Plymouth of the Certificate required once in each year.
I have, &c,
[Enclosure.] Glenelg.
Captain Coode to Sir George Grey.
Sir. Royal Naval Hospital. Plymouth. 24 Jany., 1838.
Referring to Capt. Hornby's letter of the 28th Deer.. 1833.
to the Secretary of State for the Colonies, requesting for the rea-
sons therein stated that a Certificate of the existence of Mr. Robert
Dulhunty. residing at Cullen Bullen in the District of Bathurst,
New South Wales, might be forwarded to him annually. I beg to Non-receipt
inform you that the said Document was not reed, during the last of certificate.
year, and have therefore to request that you will be pleased to
instruct the Col. Secy, of N. S. Wales to forward a certificate to the
above effect to this Hospital once in every year.
I am, &c.
John Coode, Captain Superintendent.
Lord Glexelg to Sir George Gipps.
(Despatch No. 70, per ship Maria; acknowledged by
Sir George Gipps, 25th August, 1S38.)
Sir, Downing Street, 29 January, 1838. 29 Jan.
I transmit to you the copy of a letter from Mrs. Durant
respecting the fate of her Brother, who is stated to have been
wrecked in the America Transport in Torres Straits.
I have to request that you will avail yourself of every oppor- Report
tunity to cause enquiry to be made as to the fate of Mr. Durant T^Durant*
and of his Shipmate, who are stated to have been the only Sur-
vivors of the Crew of the American Transport. I have, &c,
Glenelg.
[Enclosure.]
Mrs. Durant to Lord Glenelg.
My Lord, London. January. 1838.
I beg leave to inform yr. Ldship. of the loss of the American Request for
Transport on her return from N. S. Wales to London in 1831 in the rescue of
Torres Straits on the Island of Tamourland, and all the crew mur- Ihimvred/^"*
dered with the exception of two Boys ; and I have reason to suppose
they are still there or on some of the adjoining Islands. One of
those Boys was unfortunately my brother, a fine lad of 15 years of
age; his name is Trayton Durant; he went out with the Captain
from London. I have to solicit yr. Ldship.'s intercession that you
will cause an enquiry to be made to rescue them from these hor-
rible savages, and, as some of H.M. Ships may be cruizing about
the Islands, they perhaps may ascertain the fate of these poor
252
HISTORICAL RECORDS OF AUSTRALIA.
1838.
29 Jan.
fellows and, as five men of the Charles Eaton were spared and sent
to Batavia, they also may perhaps he rescued and even to know the
worst wd. be balm to a wounded heart. I hope and trust you will
not refuse my application and believe me I shall ever be grateful.
Amelia Durant.
30 Jan.
Despatch with
estimates
acknowledged.
Query re
appointment
of crown
prosecutor
at quarter
sessions.
31 Jan.
Consideration
of civilisation
-of aborigines.
Lord Glenelg to Sir George Gipps.
(Despatch No. 71, per ship Maria; acknowlegded by
Sir George Gipps, 2nd January, 1839.)
Sir, Downing Street; 30 January, 1838.
I have received your Predecessor's dispatch No. 70 of the
28th July last, enclosing the Estimates of the Expenditure of
your Government for the year 1838, together with the Annual
Appropriation Act, and the Explanatory Minute of the several
heads of Expenditure.
I have referred these various documents for the consideration
of the Lords Commissioners of the Treasury.
In the mean time, there is one point to which I would desire
to call your attention, viz., the proposed appointment of a Crown
Prosecutor for the Quarter Sessions with a Salary of £600 per
annum.
I should wish to receive a much more ample report than is
contained in Sir Richard Bourke's dispatch above specified, or
in his subsequent communication of the 1st Augt., 1837, con-
taining his recommendation of Mr. Holden to fill the Office, as
to the nature and amount of the business to be transacted at the
Quarter Sessions, and of all other circumstances justifying the
appointment.
I should also desire to be in possession of the opinion of the
Judges and of the Magistrates holding the Sessions as to the
necessity for creating such an Office.
You will intimate to Mr. Holden that, even if it should be
considered proper, after receiving the further information re-
quired by this dispatch, to sanction the establishment of such an
Office, he must be considered as holding it only provisionally.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 72, per ship Maria.)
Sir, Downing Street, 31 Jany., 1838.
In transmitting to you a Duplicate copy of the last Report
of the Select Committee* of the House of Commons on Abori-
gines, I have the honor to communicate to you that H.M. Govt,
have directed their anxious attention to the adoption of some
plan for the better protection and civilisation of the Native
Tribes within the limits of your Government.
* Note 9.
GLENELG TO GIPPS. 258
With that view, it has been resolved to appoint at once a small 3\8jfn
number of persons qualified to fill the office of Protector of '
Aborigines. I have confined that number in the first instance J2E*S£S °to
to one Chief Protector, aided by four Assistant Protectors. I be appointed.
would propose that the Chief Protector should fix his principal
station at Port Philip, as the most convenient point from whence
he could traverse the surrounding" country and be in personal
communication with his Assistants; two of whom should occupy
the country to the Northward and Eastward, and the other two
be stationed to the Northward and as far Westward as the Boun-
daries of the Colony of South Australia.
I propose to confer the Office of Chief Protector on Mr. Robin- Nomination of
son, who, you are no doubt aware, has for some time past been ag c^ief inson
in charge of the Aboriginal Establishment* at Flinders Island, protector.
and who has shewn himself to be eminently qualified for such
an Office. I shall direct the Lt. Governor of V. D. Land to com-
municate my intentions to Mr. Robinson and to take the neces-
sary measures for sending him to Sydney, if he should be pre-
pared to undertake the Office. It appears to be a question whether
Mr. Robinson would be willing to quit the Establishment at
Flinders Island, unless he were accompanied by the Natives
from Van Diemen's Land in whose superintendence he is at
present engaged. I enclose for your general information a copy
of a Despatchf from Lt. Governor Sir John Franklin, with a Reports re
Report from Mr. Robinson on the state of the Native Settle- TasSSSI! in
ments in that Island. It contains much interesting information
as to the condition of the Natives under his charge and also as
to his mode of treating them. You will perceive that, in this
report, he strongly recommends the removal of these Natives to Proposed
New Holland. The late Lt. Governor of Van Diemen's Land Snaiim
has expressed his Conviction that no evil consequences are to aborigines to
be apprehended from allowing them to accompany Mr. Robinson.
In the Despatch which is now enclosed, Sir J. Franklin states that
many objections present themselves to such a measure, and I
should not feel myself justified in directing the adoption of it in
opposition to such a -Statement. If, however, the result of the
personal observations of Sir John Franklin in the visit, which
he stated himself to be about to make to Flinders' Island, should
be such as entirely to satisfy him that the Natives might be so
removed without personal risk or danger to themselves, and with
their own free consent, important advantages might be antici-
pated from the formation in New Holland of an Aboriginal
Settlement comparatively so far advanced in civilization. On
this point, however, I should wish you to communicate with
Sir J. Franklin, and it will be necessary to act in it with the
* Note 66. f Note 67.
-25 4
HISTORICAL RECORDS OF AUSTRALIA.
1838.
31 Jan.
Nomination
of assistant
protectors.
Salaries and
allowances
for protectors.
Food and
clothing to be
provided for
aborigines.
Instructions
re duties of
protectors.
utmost Caution and Circumspection. In the meantime I trust
that Mr. Eobinson may under any circumstances be induced to
undertake the Office. The Gentlemen, whose names are stated in
the Margin," have been chosen to fill the Office of Assistant
Protector.
With regard to the expences attending the Establishment, it
is proposed to assign to the Chief Protector a Salary of £500 per
Annum, and to each of the Assistants £250. The four officers
proceeding from this Country will also have an allowance of
£100 each on account of their outfit and Passage, and, accord-
ing to the General rule of this Department, they have been in-
formed that they will receive Half Salary from the date of
Embarkation.
It will be necessary to make some provision to enable the Pro-
tectors to supply the natives occasionally with moderate quanti-
ties of Eood and Clothing.
In fixing this Expenditure, H.M. Govt, have anticipated the
Concurrence of the Legislative Council of your Government in
voting the necessary Sum for meeting the Charge. The object
contemplated is so important, and the obligation, which rests on
the Colonists to do their utmost for the protection and civiliza-
tion of the Native Tribes, so imperative, that I am convinced no
further argument is necessary to induce a cheerful co-operation
on their part in the measure now adopted. If the Aboriginal
Establishment at Flinders Island should be broken up and trans-
ferred to New South Wales, some portion of the Expenditure
might reasonably be defrayed from the Revenues of V. D. Land.
It remains for me to explain my general view of the duties,
which will devolve on the Protectors, and to refer to the points
which will form the ground of Instructions which you will issue
to them.
1. Each Protector should attach himself as closely and con-
stantly as possible to the Aboriginal Tribes, who may be found
in the District for which he may be appointed; attending them,
if .practicable, in their movements from one place to another,
until they can be induced to assume more settled habits of life;
and endeavoring to conciliate their respect and confidence, and
to make them feel that he is their friend.
2. He must watch over the rights and interests of the Natives,
protect them, as far as his personal exertions and influence, from
any encroachment on their property, and from acts of Cruelty,
of oppression or injustice, and faithfully represent their wants,
wishes or grievances, if such representation be found necessary,
thro' the Chief Protector, to the Government of the Colony. For
* Marginal note. — Mr. Sivewright, Mr. Thomas, Mr. Dredge, Mr. Parker.
SNODGRASS TO GLEXELG. 255
this purpose, it will be desirable to invest each Protector with a 183»-
r, • ■ -\r ' 4. * 31 Jan.
Commission as Magistrate.
3. If the Natives can be induced in any consideraable numbers JjdJSSoF
to locate themselves in a particular place, it will be the object of protectors,
the Protector to teach and encourage them to engage in the
cultivation of the grounds, in building suitable Habitations for
themselves, and in whatever else may conduce to their civiliza-
tion and social improvement.
4. The Education and Instruction of the Children, as early and
as extensively as it may be practicable, is to be regarded as a
matter of primary importance.
5. In connection with the engagements, and as affording the
most efficient means for the ultimate accomplishment of them,
the Assistant Protector should promote to the utmost extent of
his ability and opportunity the moral and religious improvement
of the Natives, by instructing them in the Elements of the Chris-
tion Religion, and preparing them for the reception of Teachers,
whose peculiar province it would be to promote the knowledge
and practice of Christianity among them.
6. In reference to every object contemplated by the proposed
Appointment, it is exceedingly desirable that the Protector
should, as soon as possible, learn the language of the Xatives
so as to be able freely and familiarly to converse with them.
7. He must take charge of and be accountable for any pro-
visions or clothing, which may be placed under his care for dis-
tribution to the Xatives.
8. He will obtain as accurate information as may be practic-
able of the number of the natives within his District, and of
all important particulars in regard to them.
These appear to me the principal points which demand atten-
tion in reference to this subject. But it is of course not my
intention to restrict you in the Instructions, which you will
have to issue to the Protector, within the topics on which I have
touched, as your local knowledge and experience will doubtle-
enable you to supply omissions in the outline which I have given.
I have, &c,
Glenelg.
Acting Governor Snodgrass to Lord Glexelg.
(Despatch Xo. 15, per ship Isabella.)
My Lord, Government House, 1st Feby., 1838. l Feb.
Immediately before leaving the Colony, Sir Richard Examination
Bourke directed the examination of the Treasury Vault, under vau]teaSUry
the terms of the Royal Instructions in that behalf, and,
256
HISTORICAL RECORDS OF AUSTRALIA.
1838.
1 Feb.
understanding that it was his desire that a copy of the Report
of the Board on that occasion should be transmitted to your
Lordship, I have the honor to enclose it accordingly.
I have, &c,
K. Snodgrass.
[Enclosure.]
[A copy of this report is not available.']
2 Feb.
Transmission
of letter
from judges.
Increase in
cost of living.
Precedency of
puisne judees.
Diffidence of
judges in
writing letter.
Institution of
supreme court.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 16. per ship Isabella; acknowledged by
lord Glenelg, 18th July, 1S38.)
My Lord, Government House, 2nd Feby., 1838.
At the request of the Judges of the Supreme Court, I have
the honor to forward a letter which has been addressed by them
to your Lordship, on the subject of their respective Salaries, their
claim to retiring allowances, and the order of precedence fixed
for the two Puisne Judges by the Colonial Rules and Regulations
recently published under authority of your Lordship, if intended
to apply to New South Wales.
Most of the topics adverted to in the letter of the Judges are
peculiarly for your Lordship's consideration, and require no
remark from me. It may be sufficient, perhaps, if I bear testi-
mony to the correctness of the representation contained in the
Judge's letter as to the great increase of expense of living in
Sydney within the last few years, and add to this my impression,
with regard to the question of precedency, that the Puisne Judges
will be considered below their proper level in the place assigned
to them in the regulations referred to. Hitherto they have taken
rank next after the Members of the Executive Council, which
place I would respectfully suggest should still be allowed them.
I have, &c,
K. Snodgrass.
[Enclosure.!
The Judges to Lord Glenelg.
My Lord, Sydney, New South Wales, 27th January, 1838.
It is not without reluctance that we respectfully address
ourselves to your Lordship on matters having so immediate a per-
sonal application to ourselves, as Judges of the Supreme Court of
this Colony, as those will appear, which it is our desire to bring
under your notice in this letter; but we persuade ourselves that our
sufficient apology will be found in the Consideration that, in the
respectability of our appointments, there is involved not merely
our personal comforts, but also much which affects our public
usefulness, and the honor of Her Most Gracious Majesty and the
respect due to the administration of the Laws.
The Supreme Court of New South Wales was first instituted
under the Statute 4 Geo. 4, c. 96, by Letters Patent* issued on the
13 October. 1833. and was appointed " to consist, of. and be hoi den
* Note 68.
SNODGKASS TO GLENELG. 257
by and before One Judge, who should be and be called the Chief 1838.
Justice, and who should take Rank and precedence next to the 2 Feb.
Governor or Acting Governor for the time being."
Sir Francis Forbes, who has lately retired from that office, was Appointment of
appointed to be the first Chief Justice, with a yearly salary of Sir F- Forbes ;
Two Thousand Pounds Sterling " in lieu of all fees of Office, per-
quisites, emoluments, and advantages," except the occupation of
" An Official House or residence," without paying " any rent, and
without being obliged to repair, uphold or maintain such House or
official residence at his own costs and Charges."
The late Mr. Justice Stephen was appointed to be a Puisne Judge of J. Stephen ;
of the same Court on the 5th March. 1826, by Commission under the
Sign Manual of His late Majesty King George The Fourth ; And, in
pursuance of a power, contained in the same Statute, to His Ma-
jesty so to Augment the number of the Judges ; and his Salary was
appointed by His Majesty to be £1,500 Yearly.
We have also been appointed to our Offices under the provisions and of
of the Statute 9 Geo. 4, c. 83. Continued by two subsequent Statutes Slttins Jud?es-
which provides (amongst other things) that the Supreme Court of
New South Wales " shall be h olden by one or more Judge or Judges,
not exceeding three " ; that " the said Judges shall, from time to
time, be appointed by His Majesty, His Heirs and Successors " ;
and that " the said Judges shall respectively be entitled to such
reasonable salaries, as His Majesty, His Heirs, and Successors shall
approve and direct, which salaries shall be in lieu of all fees or
other emoluments whatsoever."
The terms of this Statute would appear to deprive the Sue- Withdrawal
ceeding Chief Justice of any emoluments beyond such Salary, as of official
His Majesty shall approve and direct, and thus his official emolu- jJhjefeX/c°m
ments are less than those of his predecessor, by the value of the
official residence occupied by him, free of rent and repairs.
It is true, with respect to this circumstance, that, by order of
His Majesty's Principal Secretary of State, Chief Justice Forbes
was required to pay, and did pay, rent for the house he occupied
during the last two years or thereabouts, in which he held office
in this Colony ; but it must also be stated that in the year 1835 he Compensation to
received "by order of the Secretary of State" compensation for Sir f. Forbes
that loss by the grant in fee simple of 1 a. 0 r. 2 p. of land within residence*
the Town of Sydney, and so situated as to have recently become
of very great value, not less perhaps than 5 to 6,000£, formerly
occupied by him as a garden, appurtenant to his official residence.
And it is also true with respect to Mr. Dowling, the present Chief
Justice, that, under the Government regulations of 1827, he be-
came possessed of a building allotment of seven Acres, granted in Town allotment
1828 to him, in common with other Civil Officers of the Colony, on granted to
condition that he should build a house out of his own funds, of J-Dowlin£;
the value of £1,000. That allotment is situate within what have
recently been declared the limits of the Town of Sydney, altho' it
was not at the time of the Grant being made.
The late Mr. Justice Stephen had the like advantage of a Town and to
Allotment, granted to him of Eleven Acres upon a similar condi- J- Stephen.
tion. These allotments by reason of the extension of the Town
or Sydney have become valuable.
The official emoluments, however, of any future Chief Justice. Reduction in
and those which the present Puisne Judges enjoy, being strictly con- emoluments for
fined to their Salaries and no Augmentation having been made of e Judges-
Ski;. 1. Yui,. XIX— R
258
HISTORICAL RECORDS OF AUSTRALIA.
1S33.
2 Feb.
Lands
formerly
granted to
officials.
Principles
adopted by
W. W. Burton.
Increase in
cost of living.
Effect of
increase.
Problem
of retiring
allowance for
judges.
them, are considerably less than those of any of their predecessors,
they being precluded by the Regulations, under which the Crown
Lands of the Colony are now disposed of, from obtaining any of
these advantages in aid of their Salaries.
Under the former Land Regulations, not only the Judges, the
Law Officers of the Crown, the Sheriff, the Registrar and other
Officers of the Supreme Court, but almost all the Civil Officers of
the Government, obtained maximum Grants of 2,5G0 Acres each
in the interior, as well as building allotments near Sydney, which
they or their representatives now enjoy, on the conditions no doubt
under which ordinary settlers hold lands in the Colony, and have
had the advantage, by reason thereof, of having assigned to them
Domestic, mechanical and Agricultural Convict labour to improve
and cultivate their Estates.
Subject to all these comparative disadvantages, one of the Puisne
Judges (Mr. Burton) has held office ever since December, 1832, and
the other Judge (Mr. Willis) whose services have recently been
transferred from British Guiana is now entering.
The Puisne Judges desire, however, not to be understood as
requiring any such advantages to be now granted to them.
Mr. Burton, altho' he has all along felt the inferiority of his
own appointment in the want of them, having nevertheless con-
sidered that the Regulation of His Majesty's Government, with-
holding free Grants of Land from the Judges and other Servants
of the Crown in future, was a measure of policy which it would
not become him, altho' he was the first Judge who ever held office
in this Colony who did not receive them, to attempt by any appeal
to Her Majesty's Government upon his own peculiar case to dis-
turb. He has also never accepted the assignment of a Convict
Servant.
The Principles, upon which he has acted for more than five years,
are entirely approved of, and adopted by Mr. Willis.
The Salaries, however, which were attached to all the Judicial
Offices in this Colony at their first creation, have become of still less
value by reason of the increased cost of every necessary of life,
since that period ; this has become in many instances threefold, and
in nearly all double, even within the last five years.
It was so great in the year 1833, as wholly to deprive Judge
Burton, who had no other Official emoluments at the time but his
salary, of the enjoyment of society and of the conveniences or-
dinarily attached to such a station ; and they have ever been and
still are, such as, whilst they demand of the Puisne Judge the
entire expenditure of his Salary* do not admit of his maintaining
an appearance equal either to that of the Superior Officers of his
own Court, or of the second class of Attornies practising in it.
We assure your Lordship that we have been informed and believe
that the office of any of the Judges in this Colony is, in consequence
of the inferiority of its emoluments, not considered an object of
ambition to any Gentleman at our Colonial Bar.
We are further induced to refer to your Lordship upon a point,
which no less affects the respectability of our appointments, Vizt.,
the uncertainty in which it would appear that our claim to a
retiring allowance is involved by the " Rules and Regulations "
contained in a volume, printed by " W. Clowes and Sons, Duke
Street. Stamford Street, London," and apparently issuing from the
head of the Colonial Department, and lately officially transmitted
SNODGEASS TO GLENELG. 259
to us by the Colonial Secretary of this Colony "for the use of the 1838.
Judges." In the Rules and Regulations referred to (Chap. 2, s. 2). 2 Feb.
it is laid down as follows: — " It is to be understood, as a general Regulations
rule, that no Colonial Officers of any Rank or description are entitled re retiring
to retiring pensions." pensions.
"2. Each Case, however, as it presents itself, must be specially
considered on its own merits."
" 3. Whenever a Governor may have occasion to bring under the
consideration of His Majesty's Government the application of any
officer for a retiring allowance on quitting the public service, he is
required to furnish a detailed statement, shewing the Age of each
officer, the length and nature of his Services, the Salary and emolu-
ments of his office."
These Rules and Regulations do not appear indeed to have been
permanently established, but merely intended as a " basis for
future improvement." And wTe trust we may yet be in time to Request for
procure a reconsideration of them, and that your Lordship will reconsideration
feel the propriety of placing the important offices, we have the j^gg"55 of
honor to hold in this Colony, upon a footing of greater respecta- '
bility and independence, and more in conformity with the situa-
tion of His Majesty's Judges in England.
It may be quite unnecessary to advert to the independence of the
Judges at Westminster, or as subservient to that independence, to
the liberal provision made by Parliament, for their retiring allow-
ances, as well as their Salaries.
But we may be permitted to observe that the independence of Necessity for
the Judgment seat is co-extensive with the administration of Eng- independence
lish Law, and the means, by which it is supported and preserved, ° jud^es:
must be as necessary to the respectability of the Judges and the
character of the Court in this Colony, as they can be in England.
It will be within the recollection of your Lordship that, when the
recent additions to the Salaries and retiring Pensions of His Ma-
jesty's Justices were proposed to parliament, it was admitted, on and for
all sides, that the public interests must materially suffer, unless pensions
adequate provision were made for the retirement of Judges, who or -i11^8-
from age or infirmity had become incapable of discharging the
duties of their office.
And we trust we have satisfied your Lordship that, if such a
contingency should Occur in the case of any of us, the present
state of our appointments would leave us no alternative but to
continue in office notwithstanding our inability efficiently to per-
form its duties.
Such however we take leave to state was not the expectation,
upon which we understood ourselves to accept the offices we
respectively hold ; and wre venture to assume also that, in appointing
us to this remote and peculiar possession of the British Crown,
it was not the intention of Her Most Gracious Majesty and Her
Most Gracious Majesty's Predecessors to leave us no alternative
between perpetual exile from our friends, or a return to Europe,
after a long service, without any provision for our support.
We are not ignorant, howrever, that Mr. Justice Stephen, on Pensions
retiring from his official labours, and also the late Chief Justice granted to
Forbes, on a very recent occasion (both indeed having served in J-. Stephen and
other Colonies as well as in New South Wales) were favored by Forbes.
Government with Pensions, in addition to the valuable estate's
which they had respectively obtained from the Crown.
260
HISTORICAL RECORDS OF AUSTRALIA.
1838.
2 Feb.
Objections to
precedency
granted to
puisne judges.
Precedency
established
by charters
of justice.
We further request your Lordship's consideration of the general
regulations with regard to Precedency contained in the publication
before referred to, which appears to us to press more hardly on
the present Puisne Judges of this Colony than probably was
intended.
The Rules, we allude to, are those in Ch. 4, Sec. 2, P. 25, under
the title " Precedency."
Respecting these Rules, when we remember that the Puisne
Judges of this Colony must be gentlemen of five years' standing
at the English Bar (both of the present Judges being in fact of
more than ten years' standing as Judges, and having been practi-
tioners in Westminster Hall), And read the Charters of Justice
granted within the last few years to the Colonies of Newfoundland.
The Cape of Good Hope and Ceylon, we are persuaded that these
Regulations were never intended to apply to the Colony of New
South Wales. We therefore have no doubt that your Lordship will
deem it " advisable to modify this arrangement " here. In many
of the West India Islands, such as Barbadoes, Antigua, and the
Virgin Island, there are not as yet any professional Judges, and
in many others, such as Jamaica, Grenada, St. Vincents. Tobago
and Dominica, the Chief Justice is the only Professional Judge, the
Puisne Judges being, for the most part, Colonists, who act without
receiving any or, if any, very trifling remuneration. In the British
North American Colonies also, few if any of the Puisne Judges
have been at the English Bar, or even ever in England. To such
Colonies, such regulations may apply. In Ceylon, and at the Cape,
however, where the Judges have been selected from the British
Bar, and even in Newfoundland where that may not altogether be
the case, the Judges are placed in a much higher Situation than in
these Rules for Precedency.
The Charters of Justice for these Colonies are in this respect as
follows : —
That of Ceylon, dated 18th February, 1833, by the 10th Section
(see Clark's Colonial Law, p. 547), gives the Chief Justice Prece-
dence before all persons except the Governor ; and by the 11th Sec-
tion gives the Puisne Judges precedence above all persons, except
the Governor, the Chief Justice, and officer commanding the Forces.
The Charter of Justice of the Cape of Good Hope, dated 4 May.
1832 (see Clark's Col. Law, Page 476/7), gives the Chief Justice
Rank above all persons, excepting the Governor and Commander
in Chief of the Forces; and gives the Puisne Judges, Rank and
Precedence next after the Chief Justice. And the Newfoundland
Charter of Justice, dated 19th Sept., 1825 (see Clark's Col. Law,
Page 424), gives the Chief Justice Rank and Precedence next after
the Governor ; and the Assistant Judges Rank and Precedence next
after the Chief Justice.
The Charter of Justice for the Supreme Court of New South
Wales (13 October, 4 Geo. 4) expressly gives precedence and Rank
to The Chief Justice above and before all other subjects in the
Colony, except the Governor or Acting Governor for the time being,
and, by the table of precedency published on the 29th July, 1829,
by the directions of the Right Honorable The Secretary of State,
the like Rank is given to the Chief Justice.
We trust therefore that the Judges of this Colony will not be
degraded from the Rank prescribed to others in the Charters we
have Cited ; And we feel that we ought not to permit the office of
SNODGRASS TO GLENELG. 261
Puisne Judge to be deprived of the Rank, which we believe it 1838.
entitled to (Viz., immediately after the Chief Justice) without 2 Feb.
calling your Lordship's attention to the subject.
In conclusion we trust that your Lordship will be pleased to Request for
recommend to Her Most Gracious Majesty that the Salaries of increased
the Judges in this Colony may be increased as follows. Viz., that of 3a anes '
the Chief Justice to £2,500 yearly, and that of each of the Puisne
Judges to £2.000 yearly.
And. inasmuch as we are convinced that such salaries will only
allow of our decent and respectable maintenance in this distant,
expensive, and peculiarly constituted possession of the Crown, We
trust we may be assured of receiving, according to the length of our and for
Judicial Services, retiring Pensions after a reasonable and fixed "Jfjf
period of Service. And that those of us. who have filled a Judicial pension:
Office in other Colonies and have been moved by Her Majesty's
Command, or that of Her Majesty's Predecessors to a similar
situation, may be considered similarly entitled in respect to those
services. And that the tenure of our Offices and our Rank and Proposed
Precedence respectively may be the same as that of the Judges at tenure of office
the neighbouring Colony of the Cape of Good Hope, from which and Precedency.
one of us (Mr. Burton) was by the Command of His late Majesty
removed to a Puisne Judgeship in this.
We have, &c,
James Dow ling.
W. W. Burton.
John Walpole Willis.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 17, per ship Isabella; acknowledged by
lord Glenelg, 11th July, 183S.)
My Lord, Government House, 3rd Feby., 1838. 3 Feb.
I have the honor to transmit herewith a Memorial Transmission of
addressed to your Lordship by Mr. WTilliam Burnett, praying w!^urnett™m
a Grant of Land without purchase.
The case of Mr. Burnett appearing to be similar to that of
Mr. Barton, whose Memorial was forwarded to your Lordship
with Sir Kichard Bourke's Despatch of 7th June, 1837, No. 41,
it may, I trust, be deemed sufficient if I refer to that Despatch
for the explanation and commentary which the Memorial requires.
I have, &c,
K. Snodgrass.
[Enclosure.]
The Memorial of William Burnett of Sydnev, in the Colony of Memorial of
New South Wales, SfigP
To the Right Honorable The Principal Secretary of State for the la-ni gr,.ant
Colonies, purchase.
Humbly Sheweth,
That your Memorialist, accompanied by his Wife and four
Sons, arrived in the Colony in the year 1829, under Articles of
Agreement with the Australian Agricultural Company, as General
Superintendent of Agriculture.
262
HISTORICAL RECORDS OF AUSTRALIA.
1838.
3 Feb.
Memorial of
W. Burnett
soliciting
land grant
without
purchase.
Certificates
in favour of
claims by
W. Burnett.
That, by your Memorialist's agreement with the said Company,
neither he nor his Sons were permitted to acquire, hold or culti-
vate Land in the Said Colony during the term of that agreement.
That, at the time when your Memorialist entered into the said
Agreement, it was the established Custom of the Colonial Govern-
ment, under the authority of His Majesty's Ministers, to give to
Emigrants and their Children Free Grants of Land, in proportion
to the means brought by them into the Colony.
That, when your Memorialist emigrated to this Colony, it was
with the intention of permanently Settling after the expiration of
his Agreement with the said Australian Company, and in the full
expectation of receiving a Maximum Grant of (2,5G0) Two thou-
sand five hundred and sixty Acres for himself, as well as Grants
for his four Sons, to which, by the regulations at that time existing,
he was entitled.
That, during the continuance of your Memorialist's Agreement
with the said Company, he neither acquired nor sought to acquire
any property in Land, but zealously and exclusively devoted him-
self to the Service of the said Company.
That His Majesty's Government have, on the 19th March, 1836.
authorised Mr. Dawson (who came out under an engagement pre-
cisely Similar to that of your Memorialist) to select a Free Grant
of Land in the Colony aforesaid, which has since been confirmed
to him.
That any point of difference between the case of Mr. Dawrson
and that of your Memorialist bearing strongly in your Memorialist's
favor, he begs leave to submit the following facts to your Lord-
ship's favorable Consideration : —
First, Mr. Dawson emigrated without a family, your me-
morialist with a large one.
Secondly, Mr. Dawson returned to England where he still
resides. Your Memorialist, with his Wife and four Sons,
two of whom are now of age, reside and intend to reside
in the Colony.
That your Memorialist respectfully refers to the Certificates
appended hereto, in confirmation of the several facts set forth in
this Memorial.
Wherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises into your favorable Considera-
tion, with a view to his receiving a Free Grant of Land in the
Colony of New South Wales, to the extent to which he and his
Sons wTere entitled under the regulations existing on his arrival
in the Colony, and which he then would have taken up, but for his
Agreement with the Australian Agricultural Company.
And your Memorialist will ever pray. W. Buenett.
Sydney, New South Wales, 9th March, 1837.
I hereby certify that Memorialist, Mr. W. Burnett, was employed,
as stated, in the Service of the Australian Agricultural Coy. ; and
that he was prohibited by the articles of his Agreement from hold-
ing or cultivating Land on his own account whilst so employed.
I may add that I have no doubt whatever Mr. Burnett emigrated
to this Colony in full expectation of ultimately obtaining Grants of
Land for himself and Sous, in accordance with the " Land Regula-
tions " which prevailed at the time he left England; as also my
GLENELG TO GIPPS. 263
Conviction that it is of much importance to the welfare of this 183S.
Country that Families such as Mr. Burnett's be encouraged to 3 Fcb-
repair to, and settle in it. H. Dumaresq, Certificates
Commissioner for the A.A. Company. in favour of
Port Stephens, 30 March, 1837. claims by
\\ . Burnett.
I hereby Certify that I know the Memorialist, Mr. William Bur-
nett, and that he brought sufficient Capital to the Colony to entitle
him to a Maximum Grant of Land, under the regulations existing
at the time of his arrival. Tho. Inglis,
late Agent of the Australian Company.
Sydney, 5th April, 1837.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 19, per ship Isabella; acknowledged by
lord Glenelg, 15th December, 1838.)
My Lord, Government House, 5th Feby., 1838. 5 Feb.
I have the honor to transmit an extract from the pro- Transmission
ceeding of the Executive Council, relative to the claim of Mr. °\ ^e^Jtive
Richard Glanville to an additional Grant of Land, under the council re land
terms of your Lordship's Despatch to Sir Richard Bourke, dated r. cianviiie.
31st July, 1836, No. 180.
The Council do not perceive in that Despatch any clear ex-
pression of Your Lordship's sentiments on the points raised in
the present case, and have therefore desired that it be submitted
for your Lordship's consideration and further commands, which
is the more necessary as many similar questions will no doubt
arise.
The Minute being very full, it is not requisite for me to add
anything', but that I concur in the view of the case which the
Council have taken. I have, &c,
K. Snodgrass.
[Enclosure.]
[A copy of this minute will be found in a volume in series 77.]
Lord Glenelg to Sir George Gipps.
(Despatch No. 73, per ship Maria.)
Sir, Downing Street, 6 February, 1838. 6 Feb.
I have received Sir Richard Bourke's Dispatch of the stipends
1st of September last, in which he calls my attention to a claim p^by^dan
preferred by the Revd. Messrs. Hetherington and Allan to a clergy.
Stipend of £200 a year each, founded on an intimation assumed
to have been conveyed in a letter written by my directions to
Principal Macfarlane on the 10th of March.
As the terms of that letter have been obviously misapprehended,
I now enclose a Copy of it, from which you will perceive that the
264
HISTORICAL RECORDS OF AUSTRALIA.
1838.
6 Feb.
Misinterpreta-
tion of
conditions for
appointment
of clergy.
Provisions of
church act to
be adopted.
Stipends for
ministers of
principal
churches.
only expectation held out to those Gentlemen was that they
should be entitled to the Salary of £100 a Year each on their
arrival, Salaries for three additional Presbyterian Ministers to
that Amount having been provided on the Estimate for that Year.
You will also observe that the Letter to Dr. Macfarlane enclosed
a letter to Dr. Lang, in which it was explicitly stated that Her
Majesty's Government could not take upon themselves to antici-
pate the demand, which might be made on the part of the various
Congregations of Christians in the Colony for a participation in
the advantages proposed for their acceptance; but that I should
be prepared to receive the recommendations of the Committee of
the General Assembly of the Church of Scotland on behalf of
any Clergymen of that Church, who might be willing to proceed
to the Colony to be appointed to any Charge to which they might
be eligible, in accordance with the provisions of the Local Act,
which had not then reached this Department. A Copy of this
Letter was transmitted to Sir Richard Bourke in my Dispatch
of the 9th February, 1837.
I now transmit to you a further Letter, addressed by my
direction to Principal Macfarlane on the 1st of July, from which
it will appear that Her Majesty's Government have cautiously
abstained from giving any assurance of immediate employment
to the Presbyterian Ministers, who were willing to proceed to
New South Wales on the advice and information received by
them, as to the probable demand for their services. Under these
circumstances, I can only express my entire concurrence in the
view taken by Sir P. Bourke of the necessity of adhering to the
provisions of the Colonial Church Act. I have, &c,
Glenelg.
[Enclosure.]
Sir George Grey to Revd. Dr. Macfarlane.
Sir, Downing Street, 10th March. 1837.
I have laid before Lord Glenelg your Letter of the 1st In-
stant, with the Memorial therein enclosed from the Committee of
the General Assembly of the Church of Scotland for promoting
the Religious interests of Scottish Presbyterians in the British
Colonies.
In reply, I am directed to state that Lord Glenelg had already
been led to consider the point to which you have called his atten-
tion, and that he has considered it but reasonable that the addi-
tional and important duties, which will be required from the Min-
ister of the principal Scotch Church in each of the Colonies of New
South Wales and Van Diemen's Land, should be remunerated by a
higher Salary than that which will be assigned to others. His
Lordship has had under his consideration a Memorial on this sub-
ject from a Committee appointed by a Public Meeting of the Presby-
terian Inhabitants of Hobart Town, and its vicinity, transmitted
by Colonel Arthur; and he has addressed an Instruction to the
GLENELG TO GIPPS. 265
present Governor of the Colony, sanctioning such an increase in the 1838.
emoluments of the Revd. Mr. Lillie as Minister of St. Andrew's 6 Feb.
Church, Hobart Town, as the Legislative Council of Van Diemen's
Land may think reasonable.
I am further to inform you that the Revd. Dr. Lang has recently
called Lord Glenelg's attention to his own position as the leading
Minister of the Scotch Church in New South Wales in a Letter, of
which I enclose an Extract, together with an Extract of the reply
which was returned to that communication. Lord Glenelg has
transmitted Copies of that Correspondence to the Governor of New
South Wales for his information and guidance.
I take this opportunity of acquainting you. by Lord Glenelg's Salaries
directions, that his Lordship has received from the Governor of £°ted for
New South Wales a communication from which it appears that, in cj^^teria:Q
the Financial Estimate for the present year, provision has been
made for securing Salaries to eight Presbyterian Ministers in that
Colony, being an addition of three to the present Establishment.
The Governor of New South Wales will be informed that Mr. Salaries for
Hetherington and Mr. Allan have been appointed under this S6^--1'
arrangement ; and, as Lord Glenelg is not aware that any recent aned j^ffiS"
addition has been made to the establishment of the Presbyterian
Church in the Colony, his Lordship trusts that a Salary to the
extent of £100 a Year will be appropriated to these two Gentlemen
immediately on their arrival in the Colony.
I am directed to add that there appears to have been voted by
the Council of New South Wales a Sum of £240 towards the sup-
port of Presbyterian Schools, to be applied in Sums not exceeding
the amount of Private Subscriptions. I am, &c,
Geo. Grey.
[Sub-enclosure No. 1.]
Sir George Grey to Kevd. Dr. Macfarlaxe.
Sir, Downing Street, 1st July. 1837.
I am directed by Lord Glenelg to transmit to you. for your
information and guidance, the enclosed Copy of a Letter which I
have received from the Revd. Dr. Lang, and of the reply which
by his Lordship's directions I have addressed to Dr. Lang.
I am. &c,
G. Grey.
[Sub-enclosure No. 2.]
Sir George Grey to Kevd. J. D. Laxg.
Sir, Downing Street. 1st July, 1837.
I am directed by Lord Glenelg to acknowledge the receipt Proposed
of your Letter of the 27th Ultimo, with respect to the appointment gPsSSSrtM
of Mr. Robt. Stewart as a Minister of the Scotch Presbyterian pre'sbyterian
Church to the Ecclesiastical Establishment in New South Wales, minister.
I am to inform you in reply that, under the circumstances which
you have stated. Lord Glenelg will not object to receive through
Principal Macfarlane the individual recommendation of himself
ami the other Members of the General Assembly's Committee on
Colonial Churches, should there be no regular Meeting of the Com-
mittee in the interval which must elapse before Mr. Stewart's
embarkation in the event of his appointment being sanctioned.
I am. however, to remind you that, in assuming that the number
of Presbyterian Ministers recently appointed to the Colonies of
266
HISTOKICAL RECORDS OF AUSTRALIA.
1838.
6 Feb.
Conditions re
Presbyterian
clergy.
New South Wales and Van Diemen's Land is not yet sufficient for
the present wants of those Colonies, Lord Glenelg cannot hold him-
self responsible for the accuracy of the information on which the
Committee may proceed, nor can any guarantee be afforded by Her
Majesty's Government for the immediate employment of such Pres-
byterian Ministers on their arrival at their destination.
In order to save time, I have been directed to transmit a Copy
of your Letter to Principal Macfarlane for his information.
I have, &c,
Geo. Gkey.
Transmission
of memorial
from officials.
Request for
land grants on
resignation.
Land grant
promised for
G. B. White.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 20, per ship Isabella; acknowledged by
lord Glenelg, 10th July, 1838.)
My Lord, Government House, 6th Feby., 1838.
I have the honor to transmit for your Lordship's con-
sideration a Memorial, which has been addressed to me by cer-
tain officers of this Government, who, although emigrating to
this Colony pending the regulations admitting of Grants of Land
without purchase, were not allowed to avail themselves of such
regulations in consequence of their being severally employed in
the Public Service. They now pray that, upon the resignation
of their employments, their claim to grants of Land may not be
prejudiced by the regulations of 1831. As no report of mine can
add to the information which the records of your Lordship's
Department will afford, as to the policy and objects of the rule
by which these gentlemen have been excluded from the advantage
open to others, I can only submit their application for your Lord-
ship's favorable consideration.
With respect to the case of Mr. G. B. White, referred to in
the Memorial, it may be proper to explain that this gentleman,
who now holds the appointment of Surveyor, has lately been in-
formed that he will be allowed, on his retiring from the Service,
a Grant of Land to the extent of 1,280 acres, being the quantity
which, in consideration of the capital he brought out to this
Colony, Sir Ralph Darling had ordered him to receive, but which
order was suspended so long as he held an appointment in the
Public Service, in conformity to the usual practice of the day.
These circumstances appeared to bring his case within the
letter of the exception to the new regulations, authorised by
Lord Ripon upon their introduction.
In the present case, it is for your Lordship to determine
whether the claims of the applicants are so far within the spirit
of such exception as to allow of their being also with propriety
complied with. I have, &c,
K. Snodgrass.
SXODGRASS TO GLEXELG. 26'
[Enclosure.] 1S3S.
6 Feb.
The respectful Memorial of the undersigned Individuals lately " — —
i i i • t -r. ! t o • x n i Memorial
and at present employed m the Public service at Sydney, from officials
Xew South Wales, KfgKtaL
To His Excellency Colonel Snodgrass, C.B., Acting
Governor, etc., etc., etc..
Bheweth,
That your Excellency's Memorialists emigrated from Great
Britain to this Colony at different periods prior to the year 1830,
upon the faith of the Regulations of Government respecting emi-
gration, by which your Memorialists were respectively entitled to
Grants of Land upon their arrival in the Colony.
Your Excellency's Memorialists were induced, upon their arrival
in Xew South Wales, to accept of Situations under the Government.
in which considerable advantages were held out, consequent upon
the great difficulty which existed at that time in obtaining young
men duly qualified for such appointments; but it was understood
that, by your Memorialists accepting public situations, they would
not prejudice their Claims to Grants of Land upon the resignation
of their employment, but on the contrary that such service rather
than prejudice their rights under those Regulations would give
them superior claims for Land on quitting it, to those they pos-
sessed on their arrival in the Colony.
Upon this understanding. Your Excellency's Memorialists have
served His Majesty's Government with faithfulness for periods
varying from seven to thirteen years, during which time they have
not received any of those advantages in Land, which (but for their
engagements with the Government) they might have possessed
in common with emigrants of their day ; yet Memorialists were in-
duced to remain in the service of the Public in the hope hereafter
of receiving such remuneration for their past services, as would
enable them to settle ultimately with better prospects of success
on their respective Grants, a resource which they always deemed
certain upon retirement from their situations.
In furtherence of their claims, your Memorialists would humbly
submit the following Statement : —
That, previously to the administration of Sir Thomas Brisbane,
it was the practice of the Government to give Grants of Land to
all persons in Government employment, whether Heads of Depart-
ments or Subordinates.
That this practice was modified by Sir Thomas Brisbane, who
authorized reserves for persons in the Public Service to be con-
firmed as Grants on leaving their employment. These Reserves
were made to most of the Heads of Departments, who had not
previously obtained Land and to the subordinate Officers of the
Government, namely the Assistant Surgeons. Asst. Surveyors and
Clerks.
That General Darling, who succeeded Sir Thomas Brisbane,
immediately confirmed as Grants the Reserves thus made to the
Heads of Departments and likewise authorized Grants to this
class of persons appointed subsequently to his arrival, but that the
subordinates were not then included in this arrangement.
268
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
6 Feb.
Memorial
from officials
soliciting
land grants.
That the determination of Sir Ralph Darling not to give Land to
Clerks and other subordinates in Government employ became
known in the early part of his administration by the reply to an
application preferred by Mr. Harrison (since deceased), then Chief
Clerk in the Colonial Treasury, for that indulgence, dated the
3d October, 1826 (Copy annexed), which states "that it is not
intended to grant Land to any Clerk in the employment of Govern-
ment, but that good Conduct during such employment will be con-
sidered as giving a Claim to that indulgence."
That, in consequence of this communication, any similar applica-
tions were withheld, all the parties relying on the promise that
they would receive Land on retirement ; and it is humbly submitted
that the Government is bound to fulfil the pledge so given.
It may not be considered irrelevant and improper here to advert
to the recent communications of the pleasure of Her Majesty's
Government with regard to additional Grants of Land, as evincing
its disposition to recognize a promise even less explicit than that
which your Memorialists have brought forward.
Having as your Memorialists humbly hope set at rest all difficul-
ties to obtaining Land with regard to those who . have left the
Service, they would adduce the following arguments to shew the
claims of those still employed in the Public Service to be equally
well founded, and that no inconvenience can possibly arise to at
once admitting them.
That the Reserves made by Sir Thomas Brisbane in favor of
subordinate officers, as already stated, have since been confirmed
by Sir Richard Bourke with the advice of his Council by the issue
of Deeds of Grant when applied for.
That, besides this evidence of the acknowledgment of their Claim
to share in the advantages extended to other Public Servants, the
regulations for the Sale of Land, which are open to all, permit
their obtaining Land to any extent.
That, being thus considered eligible to hold Land, they would
Submit that the pledge of the Government to give Land on retire-
ment might with propriety be redeemed by authorizing their at
once receiving the same; and, in urging their prayer to this effect,
they would submit as affording further grounds for a favorable
decision the loss they have sustained in being for a series of years
debarred from those advantages, in which their fellow Colonists
have partaken and which have indeed in many cases given to the
latter the menns of purchasing under the existing regulations, and
thus benefitting themselves and augmenting the revenue of the
Colony.
The Persons having such Claims must of course have been in
the Service prior to the adoption of the present regulations of 1831,
directing the Sale of Land only ; and they are consequently few in
number, probably about twelve.
That it is very desirable the System of making Grants of Land
should be finally disposed of by the immediate Settlement of Claims
under former regulations without waiting any indefinite term.
That, although the rule abovementioned even applied generally,
yet there are instances in which they have been departed from, and
of these Memorialists beg to name those Grants of General Darling
SNODGRASS TO GLENELG. 269
to Mr. Charles Oowper, Clerk to the Church and School Corpora- 1838.
tion (Two Grants of Land), namely 1.280 Acres in 1S27, and the 6 Feb-
like extent in 1830. Memorial
That Mr. G. B. White left the Colonial Secretary's Office in from officials
1S27 and immediately obtained a Grant for 1,280 Acres. He land^ants
shortly afterwards entered the Survey Department, when the
order so given was cancelled ; yet notwithstanding that Mr. White
is still in the Survey Department. Sir Richard Bourke was pleased
recently to authorize a Confirmation of the original order.
Memorialists would now humbly urge upon the consideration of
Your Excellency that, after years of toil and disappointment in the
Government Service, they now suffer the mortification of being
deprived of those privileges, which they acquired by their emigra-
tion to the Colony, without partaking of any equivalent advantage
for so serious a loss, forbid by the temporary nature of their
appointments to look to their Departments as a profession and
thrown upon the world with broken energies ; it may fairly be
affirmed that few cases of greater hardship can be shewn than
that which Memorialists now present to your Excellency's notice.
Your Excellency's Memorialists, being confident that your Excel-
lency would take a just and feeling view of their case, are there-
fore induced to solicit that your Excellency will favorably recom-
mend to the Right Honorable the Secretary of State for the
Colonies that Memorialists may now. even at this late date, be
restored to the same Claims for Land which they possessed on their
arrival in the Colony, and prior to the joining the Public Service,
by immediately obtaining Grants of Land.
And your Memorialists as in duty bound will ever pray.
Ralph Hindmarsh. Served in the Commissariat from Julv.
1828, to October, 1836. Resigned.
Phillip Launder Fell, Served in Commissariat from Sep-
tember, 1827, to February, 1835. Resigned.
James Scott Hindmarsh. Served in Commissariat from May,
1829, to October, 1837. Resigned.
Valentine Fitzsimons, Served in the Commissariat of
Accounts from October, 1830, and still employed in the
same Department.
J. MacDonald. Served in the Commissariat from Januarv,
1828, to Jany.. 1836. Transferred to Ordnance from
the latter date and still serving in same Dept.
James Alderson, Second Clerk in the Auditor General's De-
partment. Appointed on the 1st October. 1828.
Henry D. Kemp, Served in the Commissariat. Private Secre-
tary's Office, Council Chamber, and Post Office, succes-
sively, from February. 1828, and still employed as
Accountant in the latter Department.
G. W. Newcombe, In Colonial Secretary's Office since August.
1826.
Geo. Tomlins, Served as a Treasury Clerk in the Commis-
sariat of Accounts from October, 1824. until 24 June.
1827; appointed Chief Clerk in the Auditor General's
25 June, 1827, which appointment he still holds.
Sydney, New South Wales, 28th December, 1837.
270 HISTORICAL RECORDS OF AUSTRALIA.
1S38. [Sub-enclosure.]
C Feb.
Colonial Secretary Macleay to Mr. J. S. Harrison.
Colonial Secretary's Office,
Sir, Sydney, 3rd October, 1820.
Refusal of I am directed by His Excellency the Governor to inform you,
land grant to \n reply to your letter of the 1st Instant, that it is not intended to
J. s. Harrison. grant Land to any Clerk in the employment of Government, but
that good conduct during such employment will be considered as
giving a Claim to that indulgence. I am, &c,
Alex. McLeay.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 21, per ship Isabella; acknowledged by
lord Glenelg, 25th August, 1838.)
7 Feb. My Lord, Government House, 7th Feby., 1838.
Claims by The accompanying applications have been addressed to
G/wNewcombe this Government by Mr. Wm. Elyard and Mr. G. W. Newcombe,
to increase of the two senior clerks in the office of the Colonial Secretary, con-
taining statements of their reasons for considering themselves
entitled to augmentations of salary. These statements are fair
and explicit and no useful end would therefore be answered by
my fully recapitulating them here. Their services have been
long and laborious, and the attestation of the late Colonial Secre-
tary, as well as the present, to their diligence and efficiency appear
to me to entitle their case to the most favorable consideration.
As it is, however, one of a very peculiar nature and based chiefly
upon the nonfulfilment of a regulation which was established so
long ago as 1826, it appears to me proper to submit it for your
Lordship's decision. A compliance with the application of these
gentlemen would indeed seem also to be quite in accordance with
the spirit of the recent regulations, which it was found necessary
to establish in the past year with a view to obtain a more efficient
and respectable class of clerks for the Public offices in the Colony,
and which are now under reference to Her Majesty's Govern-
ment for confirmation. The last mentioned regulations have
fixed the salary of a clerk entering the first class at £300, to be
augmented £20 annually until it reach a maximum of £400. The
questions to be decided on the present applications are first,
whether the salaries of Messrs. Elyard and Newcombe may be
paid to them according to the regulations of 1826, to the full
benefit of which Your Lordship will perceive the late Colonial
Secretary has certified that he considers them entitled, and
secondly, independently of this claim, whether they may not at
once be rated at the maximum of £400 per annum, under the
regulations of 1837, in consideration of their past services. The
former entered the Colonial Secretary's office in 1822, and the
latter in 1826, and both have rendered services that may be
SNODGRASS TO GLENELG. 271
estimated as those of first class Clerks for a much longer period 1838.
than the five years required for the transition of the salary from ."
its minimum of £300 to its maximum of £400, under the regu- SaS?s hyl ,
W. hi vara and
lations of 1837 already referred to. G.w.Newcombe
It is true that, in the application of these regulations to clerks saiary.ease °f
already in the service, no retrospective advantage has been given
to them prior to the 1st of January, 1837 ; but, as the gentlemen in
question are the only parties now in office who would be entitled
to claim under them, it may be proper to add that no incon-
venient precedent can arise from a favorable decision upon their
applications. I have, &c,
[Enclosures.! K. Snodgrass.
[Copies of these applications are not available.']
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 23, per ship Isabella; acknowledged by
lord Glenelg, 6th July, 1838.)
My Lord, Government House, 7th Feb., 1838.
I have the honor to forward a Memorial which Mr. Henry Application by
Howey has addressed to your Lordship, praying an additional additional f°r
Grant of Land under the circumstances narrated. The facts land grant.
I have no reason to doubt, as I believe Mr. Howey to be a most
respectable man, and entitled to such consideration as your
Lordship may think the nature of the case will admit of.
I have, &c,
K. Snodgrass.
[The memorial was not transmitted with this despatch.']
Acting Governor Snodgrass to Lord Glenelg.
(Despatch Xo. 22. per ship Isabella, acknowledged bv
lord Glenelg, 31st August, 1838.)
My Lord, Government House, 8 Feb., 1838. 8 Feb.
I have the honor to forward herewith a communication Transmission of
which has been addressed to your Lordship by Mr. James Mit- j^^Su^01*1
chell on the subject of his removal from the office of Colonial
Surgeon. As Sir Eichard Bourke will be in England upon the
arrival of this Despatch, I feel that it will be more satisfactory,
as well as convenient, to leave to him such explanation as the
case may be thought to require, and will not, therefore, trouble
your Lordship with any comments. I have, &c.,
K. Snodgrass.
[ Enclosure. 1
[A copy of this paper is not available.']
272
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
10 Feb.
Transmission of
bond given by
sureties for
C. D. RiddeH.
Bond of
Sir J. M. and
M. Riddell as
sureties for
C. D. Riddell.
Lord Glenelg to Sir George Gipps.
(Despatch No. 74, per ship Maria.)
Sir, Downing- Street, 10 February, 1838.
In consequence of the consolidation of the Office of Col-
lector of Internal Eevenue with that of Treasurer of New South
Wales, Her Majesty's Government have required further security
from Mr. Kiddell's Sureties under the Bond previously executed
in his behalf as Treasurer of the Colony.
I transmit, for your information, a Copy of the new Bond
which you will place amongst the Archives of your Government.
I have, &c,
Glenelg.
[Enclosure.]
Copy of Bond.
Know all Men by these Presents that We, Sir James Milles Riddell
of Moray Place in the City of Edinburgh in that part of the United
Kingdom called Scotland. Baronet, and Margaretta Riddell of the
same Place Widow, are held and firmly bound unto our Sovereign
Lady Victoria, by the Grace of God of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith, in the
Sum of Five thousand Pounds each of lawful Money of Great
Britain, to be paid to our Sovereign Lady the Queen, her Heirs or
Successors. For which several and respective Payments to be well
and faithfully made, we severally and respectively, and not the
one for the other of Us, bind ourselves and our several and respec-
tive Heirs, Executors and Administrators and every of them firmly
by these Presents.
Sealed with our Seals and dated the Twentieth day of January
in the year of our Lord One thousand, eight hundred and
thirty eight.
Whereas Campbell Drummond Riddell, Esquire, was, on or about
the first day of August in the year One thousand, eight hundred and
twenty nine, appointed Treasurer of New South Wales, and was
also, on or about the second day of January in the Year One thou-
sand, eight hundred and thirty seven, appointed Collector of In-
ternal Revenues in the said Colony ; Now the condition of the
above written obligation is such that, if the said Campbell Drum-
mond Riddell hath hitherto, since his said Appointments, faithfully
demeaned himself in and diligently performed all the duties of his
said Offices respectively, And shall and do henceforth from time
to time and at all times, as long as he shall continue to be such
Treasurer and Receiver, well and faithfully demean himself in
and diligently perform and execute all the duties and business,
which ought to be done and performed and executed by him the
said Campbell Drummond Riddell. as such Treasurer and Receiver
as aforesaid, according to such Orders, directions or Instructions
as have been given to him. or which he shall from time to time
receive from Her Majesty, or the Governor or Lieutenant Governor
for the time being of New South Wales, or from such other Person
GLENELG TO GIPPS. 273
or Persons as hath or have been, or is or are, or shall be duly 1838.
authorized to give such orders, directions or Instructions to him lOJFeb.
the said Campbell Drummond Riddell, and hath heretofore honestly. Bondof
faithfully and diligently conducted himself, and shall and do sir J. M. and
honestly, faithfully and diligently conduct himself as such Trea- M. Riddell as
surer and Receiver towards our said Lady, the Queen, her Heirs ^"j^itjSdeii
and Successors, and the Governor or Lieutenant Governor for the
time being of New South Wales in all transactions, businesses and
matters of Account whatsoever, which have been or are or may be
under the management of or intrusted to him the said Campbell
Drummond Riddell. as such Treasurer and Receiver as aforesaid,
and also hath heretofore well and truly paid or caused to be paid
and applied, and do and shall from time to time henceforth well
and truly pay or cause to be paid and applied all Monies, Coins.
Notes. Commissariat and other Bills and Securities, and Store and
other Receipts whatsoever, which may be paid to, or which have
been or shall be received by. or otherwise come to the hands of the
said Campbell Drummond Riddell, or with which he is or shall or
may become justly chargeable as such Treasurer and Receiver as
aforesaid, according to such Orders, directions or Instructions, as
have been or shall from time to time be given to him the said
Campbell Drummond Riddell by Her Majesty, or by the Governor
or Lieutenant Governor for the time being of New South Wales,
or by such other person or persons as hath or have been, or is or
are or shall be duly Authorized to give such orders, directions or
Instructions, and hath not hitherto in any wise taken to his own
Lse, misapplied, lent, embezzled or made away with, neglected fo
account for, or by his wilful default lost or hazarded, and shall
not henceforth misapply and embezzle or make away with, neglect
to account for, or by his wilful default lose or hazard any such
Monies, Coins, Notes, Commissariat and other Bills or Securities,
and Store and other Receipts as aforesaid, or any of them, or any
part or parts thereof respectively; And. if the said Campbell Drum-
mond Riddell. his Heirs, Executors and Administrators, hath
hitherto kept, and shall and do henceforth from time to time keep
a true and correct account of all Monies. Coins. Notes, Commissariat
and other Bills and Securities, and Store and other receipts, which
have been or shall be received by him as such Treasurer and Re-
ceiver as aforesaid, and hath rendered and shall henceforth render
the same to Her Majesty, her Heirs and Successors, or to the Gov-
ernor or Lieutenant Governor for the time being of New South
Wales, when thereunto required, and hath produced and given, and
shall produce and give authentic Vouchers for all Payments, made
and to be made by him the said Campbell Drummond Riddell as
such Treasurer and Receiver as aforesaid, and shall forthwith well
and truly pay or cause to be paid to Her Majesty, her Heirs and
Successors, or to the Governor or Lieutenant Governor of New
South Wales for the time being, or to such person or persons as
the said Governor or Lieutenant Governor for the time being shall
appoint to receive the same the balance (if any), which shall
appear to lie due from him thereon. And deliver up to Her Majesty.
her Heirs or Successors, or to the Governor or Lieutenant Governor
of New South Wales for the time being, or to such person or persons
as the said Governor or Lieutenant Governor shall appoint to
receive the same, all such Papers, Books, Writings and other things
appertaining to his said OfHces of Treasurer and Receiver, as the
Ser. I. Vol. XIX— S
274
HISTORICAL RECORDS OF AUSTRALIA.
1838.
10 Feb.
Bond of
Sir J. M. and
M. Riddell as
sureties for
C. D. Riddell.
Governor or Lieutenant Governor of New South Wales for the
time being shall direct, Then the above written Obligation to be
void; otherwise the same shall remain in full force and Virtue.
Signed, Sealed and delivered by the said Sir James MilLes
Riddell in the presence of Riehd. Mackenzie of Edinburgh,
Writer to the Signet. Js. Milles Riddell (l.s.).
Signed, Sealed and delivered by the said Margaretta Riddell in
the presence of Richd. Mackenzie of Edinburgh, Writer to
the Signet. Margaretta Riddell (l.s.).
17 Feb.
Memorial from
Presbytery re
action of Revd.
J. D. Lang.
Opinion of
council re
status of clergy
Decision
required re
salaries of
clergy.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 24. per ship Isabella; acknowledged by
lord Glenelg, 3rd September, 1838.)
My Lord, Government House, 17th Feb., 1838.
I have the honor to forward herewith a Memorial which
the Presbytery of New South Wales have addressed to Your
Lordship upon the subject of certain proceedings* of the Rev.
Dr. Lang, by which they consider he has ceased to be a Min-
ister of the Church of Scotland. As several of the Presbyterian
Ministers, who have recently arrived in the Colony under the
sanction of Her Majesty's Government and in the expectation
of salaries from the Colonial Revenue, have united in Dr. Lang's
proceedings, and as the condition on which their appointments
are authorised by your Lordship's Despatch to Sir Richard
Bourke of the 14th July, 1837, No. 344, requires their adhesion
to the Church of Scotland, I have therefore found it necessary
at once to determine in their regard the same point which the
Presbytery have raised with respect to Dr. Lang, and have taken
upon it the opinion of the Executive Council. The accompanying
Extract of proceedings will shew that the Council concur in
thinking that the six Clergymen therein mentioned stand at pre-
sent unconnected with the Church of Scotland in New South
Wales, and I have therefore found it necessary to decline issuing
the salaries applied for by Dr. Lang on their behalf until they
conform to your Lordship's instructions.
In order to decide fully on the Memorial of the Presbytery it
will, however, be necessary not only to consider whether the
condition in question shall be adhered to with regard to those
who may now or hereafter apply for salaries as Presbyterian
Clergymen, but also whether the salary hitherto issued to Dr.
Lang himself" shall be discontinued, in consequence of his dis-
claiming the authority of the General Assembly of the Church
of Scotland by establishing in this Colony a Synod of Minis-
ters acknowledging no appeal to the body. As Dr. Lang was
Note
GLENELG TO GIPPS. 275
appointed and his salary fixed before the new Ecclesiastical -}7S^\
arrangements were introduced, I have not felt myself authorised 1 '
in interfering- in this case pending- your Lordship's decision on j^1 Lan<?eVd'
the whole matter, and he will therefore for the present draw his
Salary as before. I have, &c,
K. Snodgrass.
[Enclosures.]
[A copy of the memorial is not available; a copy of the minute
of the executive council will he found in a volume in series 77.]
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 25. per ship Isabella; acknowledged by
lord Glenelg, 16th July, 1S38.)
My Lord, Government House, 18 Feby., 1838. is Feb.
At the request of Mr. Edwin Hickey, I have the honor Application by
to forward a Memorial which he has addressed to your Lordship land^rant.
praying for a Grant of Land.
The case of Mr. Hickey appearing to fall within the same
description as that of the gentlemen whose memorial was for-
warded with my Despatch of the 6th instant, No. 20, it may be
.sufficient to express my belief of the facts stated by Mr. Hickey
without troubling your Lordship with any further remarks on
the claim founded thereon. I have, &c.,
K. Snodgrass.
[Enclosure.]
[A copy of this memorial is not available.']
Lord Glenelg to Sir George Gipps.
(Despatch Xo. 76. per ship Amelia Thompson; acknowledged by
Sir George Gipps, 19th October, 1838.)
Sir, Downing Street, 19th Feby., 1838. 19 Feb.
I have received an application from a person named Eliza Compensation
Foley for compensation for the loss of a Trunk, which appears ^FobWfor
to have been embarked in the Lady Macnaughton, Emigrant loss of trunk-
Ship, and carried on to New South Wales, the Owner having dis-
embarked before the Sailing of the Vessel, and when it was
impossible to recover the Trunk from amongst the other Lug-
gage in the Llold.
I have to request that, if the property should have been left
in the Custody of the Local Government, you will send it Home
consigned to the Colonial Agent. If the Trunk should have
been destroyed with other Articles in the Ship in order to
276
HISTORICAL RECORDS OF AUSTRALIA.
183S.
19 Feb.
Nomination
T. Galloway
as surgeon
to select
emigrants.
of
20 Feb.
Requisition
for medicines
and hospital
stores to be
fulfilled.
prevent Contagion, yon will endeavour to form some estimate of
its value, which is stated by the Applicant to be £35. I should be
g'lad to receive some Communication from you on this subject at
your earliest convenience. I have, &c,
Glenelg.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 20, per ship Isabella.)
My Lord, Government House, 19th Feby., 1838.
. Dr. Thomas Galloway of the Royal Navy, the bearer of
this Despatch, being about to return to England, after having
brought out the Emigrants by the ship " Augusta Jessie " a ser-
vice which he has ably and zealously performed, I have the honor
to recommend him to your Lordship for further employment of
the same nature. Instructions have accordingly been issued to
him, subject to your Lordship's further commands, for the selec-
tion of additional Emigrants from the counties of Hampshire and
Sussex, and for his guidance in taking charge of them for the
voyage to this Colony. I have, &c,
K. Snodgrass.
Lord Glenelg to Sir George Gipps.
(Despatch No. 75, per ship Amelia Thompson.)
Sir, Downing Street, 20 February, 1838.
A requisition has been forwarded to the Lords Commis-
sioners of the Treasury by the Secretary at War for Medicines
and Hospital Stores for the Service of the Convict Establish-
ments in New South Wales. Their Lordships have authorized
the transmission of the Articles required, provided they are not
of an unusual or unnecessary description.
All future Requisitions for Articles to be supplied from this
Country for the use of the Convict Establishments must be sub-
mitted by you to this Departemnt with such explanation or in-
formation as may appear necessary. I have, &c,
Glenelg.
Transmission of
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 27, per ship Isabella; acknowledged by
lord Glenelg. 16th July. 1838.)
My Lord, Government House, 20th Feb., 1838.
At the request of Mr. Leslie Duguid, I have the honor to
L.eDuguid. transmit a Memorial which he has addressed to Your Lordship,
praying that he may receive an additional grant of 2,560 acres
SNODGEASS TO GLENELG. 277
in fulfilment of a promise he received from Under Secretary is.3S.
Wilmot Horton in the year 1824 that, on his return to New
South Wales, he should receive additional land in proportion to
his capital.
It appears that Mr. Duguid afterwards made two applications Refusal of
for additional land, the one to Sir T. Brisbane in 1825, which cSSfo?1"
was rejected on the ground that the improvements required by land grant.
the regulations were not affected on the original grant, the other
to Sir Ralph Darling in 1829, which was refused on the ground
that Mr. Duguid could not receive land while employed in a
house of Business or other public establishment.
Mr. Duguid, having fulfilled all necessary conditions both as
regards improvements and residence, has renewed his claim, and,
being submitted to the Executive Council, your Lordship will opinion of
perceive by the accompanying Minute that they are of opinion J!^™*"'6
that Mr. Duguid is entitled to an additional grant of 560 acres, r<? claim,
that being the quantity for which he himself applied at the
times already sta,ted. Mr. Duguid contends that he is entitled
to 2,560 acres that being the quantity to which his capital, the Land claimed
criterion pointed out by Sir W. Horton's letter, would have by L' Dusuid-
entitled him, and he explains his asking for 560 only by stating
that he considered himself entitled to that quantity independently
of any express promise, according to the practice adopted in all
other cases where 2,000 acres only had been allotted, in lieu of
the 2,560 fixed by the later regulations as the maximum of a
Primary Grant.
It may be proper to mention that the Council were divided on
this question, and, although the point was not decided by the
majority in Mr. Duguid's favor, I think it is so far doubtful that
it cannot be regarded as any unreasonable importunity on Mr.
Duguid's part to submit it for your Lordship's final decision.
I have, &c,
K. Snodgrass.
[Enclosure market! A.]
The Memorial of Lesslie Duguid, a free settler in Memorial of
New South Wales, JSudffiS? ■
To the Right Honorable Lord Glenelg. His Majesty's Principal land grant.
Secretary of State for the Colonies,
Humbly Sheweth,
That Memorialist, being then a minor, emigrated to this
Colony in 1822, and obtained a grant of 2.000 acres of Land, on
condition of maintaining 20 convict servants, an estimate made
according to his then means.
That Memorialist having invested the whole of such means re-
turned to England with the consent of the Colonial Government.
That, having become possessed of greatly increased means on
becoming of age. memorialist obtained from the Right Honble. the
278
HISTORICAL RECORDS OF AUSTRALIA.
. 1S3S.
20 Feb.
Memorial of
L. Duguid
soliciting
land grant.
Minute of
executive
council re
claim of
L. Duguid to
land grant.
Secretary of State an order* for an additional grant of Land " pro-
portioned to his encrease of Capital " and returned to the Colony.
That Memorialist, having complied with the conditions of his
primary grant, brought forward his claim to such additional grant
as will appear from the documents attached to his Memorial to
Sir R. Bourke dated 26 January, 1837, and which claim, at the end
of 12 years from the original promise, has been considered to
entitle him to 560 acres only, while emigrants of 1827 are daily
receiving additional grants in proportion to improvements and
capital.
That the addition of 560 acres to original grants of 2,000 was
made generally throughout the Colony to first class Settlers in
1829, for improvements on primary grants, and which extension,,
tho' refused to Memorialist on the ground of non-residence only,
ought not in common justice to bar Memorialist's claim to a grant
of Land founded on a Specific and unsatisfied order, the quali-
fication for which was stated to be Capital.
That the Colonial Government, while recognising the criterion
of Memorialist's claim, viz., Capital, have decided this case with-
out reference to it or to precedents brought forward by Me-
morialist ; precedents which under similar authority, viz., a pro-
mise of the Secretary of State, have sanctioned additional grants
of 2.560 acres each to Messrs. Scott and Mr. Jas. Webber, in each
of whose cases the additional 560 acres, to which Memorialist is
alone considered to be entitled, had previously been granted.
Memorialist therefore humbly prays your Lordship will be
pleased to take this claim into your Lordship's consideration and
generously fulfil the original intention of Earl Bathurst by placing
Memorialist on the same footing as the Emigrants of 1827.
Lesslie Duguid.
Sydney, New South Wales, 17th February, 1838.
[Enclosure marked B.]
Extract from Minute No. 1 of the Proceedings of the Executive
Council, dated 3d January, 1838, relative to an Application
from Mr. Lesslie Dugnid for an Additional Grant of Land.
Present : — His Excellency the Acting Governor ; The Right
Reverend the Lord Bishop of Australia ; The Honorable the Colo-
nial Secretary; The Honorable the Colonial Treasurer.
His Excellency the Acting Governor laid before the Council a
Memorial from Mr. Lesslie Duguid, soliciting to be allowed a
Grant in Extension of Two thousand, five hundred and sixty acres
of Land, in addition to his Primary Grant of Two thousand acres
received in the year 1822 ; founding his claim upon an Order of the
Right Honorable the Secretary of State, given in October, 1824,.
which authorised his obtaining " An additional Grant of Land in
proportion to his increased Capital " ; as stated to him in Sir
Wilmot Horton's note, dated 16th October, 1824, laid before the
Council.
It appears from various documents, connected with this applica-
tion, that the additional Grant so authorised for Mr. Duguid had
been refused in 1825 by Sir Thomas Brisbane, because the Improve-
ments required by the then existing regulations had not been
effected on his Primary Grant ; and, to a renewed Application in
Marginal note. — See Mr. Under Sect}'. Horton's note of 16 Octr., 1824.
SNODGRASS TO GLENELG. 279
the year 1829, under the same authority, for an Additional Grant J*£\
of Five hundred and Sixty Acres, Sir Ralph Darling replied " that <su^eD-
it could not be complied with, if Mr. Duguid was then employed in Minute of
a House of Business or any Public Establishment." Mr. Duguid executive
was then in the service of the Bank of Australia. dTimo™
According to the terms of the Under Secretary of State's note l. Duguid to
to Mr. Duguid, " available capital " was to form the criterion of his land giant,
qualification for Additional Land ; and he states, in his Application
of 2Sth February. 1829, that his Capital amounted to Five hundred
pounds, exclusive of a considerable quantity of Live Stock; the
truth of which statement does not appear to have been disputed.
Upon which ground, the Council are of opinion that an Addi-
tional Grant of Five hundred and Sixty acres should be allowed
to Mr. Duguid, being the quantity to which he considered himself
entitled, and for which he applied in the year 1829; and which,
together with his Primary Grant of two thousand acres, makes up
the utmost quantity, which, by the regulations of 5th September,
1S26 (then in force), could be granted without, purchase to any
Individual.
The Lord Bishop of Australia dissented from the above opinion
of the Council, because, although Mr. Duguid received from the
Secretary of State in 1824 an Order for obtaining an Additional
Grant, yet that Order must necessarily have been and by the
receiver must have been understood, to be dependent on his ful-
filling the conditions upon which Land was at that time granted.
According to the Regulations subsisting from 1-824 to 1831, those
conditions were two, viz., Improvement of the previous Grant, and
Personal residence. The application was refused in the first in-
stance by Sir Thomas Brisbane on the ground of the first of the
above conditions not having been complied with ; and the renewed
application to Sir Ralph Darling in 1829 was negatived, because
the Applicant was not in a condition to comply with the latter ; nor
does it appear that he was ever so circumstanced, as to be able to
meet both the appointed conditions at the same time, until after
the System of granting Land was abolished. His Lordship objected
to his obtaining additional Land, upon the principle that no such
claim can now be admitted, unless it be proved to have been a well
founded valid claim previously to the date at which the practice of
disposing of Land was changed from the mode of Grants to that of
Sale.
Extract from Minute No. 4, dated 12th January, 1838.
Present, as in the former Minute.
The Minute of proceedings on the third Instant having been
read, the Colonial Treasurer stated that, on further consideration
of Mr. Duguid's Case, he desired to withdraw his former opinion,
and to unite in the dissent of the Lord Bishop of Australia ; the
Minute was then confirmed.
True Extracts. — Wm. Macpherson, Clerk of Councils.
Council Office, Sydney, 4th April, 1838.
[Enclosure A 1 to Minute No. 1 of 1838.]
Mr. L. Duguid to the Colonial Secretary.
Sir, Sydney, 26th Jany., 1837
I do myself the honor to request you will lay before His Excellency the Submission
Governor the enclosed Memorial, and am, Sir, Your &c, of memorial.
Lesslie Duguid.
280
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 Feb.
Memorial of
L. Duguid
soliciting
land grant.
Land grant
authorised for
L. Duguid.
Details
required from
L. Duguid.
Land to be
granted to
L. Duguid.
[Enclosure A 2 to Minute No. 1 of 1838.]
The Humble Memorial of Lesslie Duguid, a Free Settler,
To His Excellency Major General Sir R. Bourke, K.C.B., etc., Governor of
New South Wales,
Humbly Sheweth,
That Memorialist arrived in this Colony in 1822, and, in conformity with In-
structions from the Secretary of State, received from His Excellency Sir Thomas
Brisbane, a Grant of 2,000 Acres of Land, " being in proportion to the means
possessed of bringing the same into cultivation, and on the condition of maintaining
one Convict for every 100 Acres," a Condition which has been amply performed
by Memorialist.
That Memorialist having invested the whole of his funds in the Colony returned
to England in 1823, where, having become possessed of greatly increased means
under the Will of his Father, Memorialist applied to the Secretary of State for an
additional Grant of Land in proportion to those means, the then standard of granting
lands in this Colony.
That this application was favorably received by the Secretary of State, who
transmitted to Memorialist, along with the Note from Sir W. Horton hereunto
annexed, " a Letter to the Governor of New South Wales authorising him to make
to him (Memorialist) an additional Grant of Land, proportioned to his increase of
Capital," which Capital entitled Memorialist to a Maximum Grant.
That the order for this additional Grant of Land to Memorialist is still unsatisfied,
Sir Thomas Brisbane having postponed acting on it until further improvements had
been made on Memorialist's original Grant, and General Darling, under whose
Government Memorialist again brought forward this Claim, having also deferred
acting on it owing to the Regulations in regard to " non residence " which Me-
morialist could not comply with.
That these objections are now removed by the Modification of the Regulations, and
by Memorialist's original Grant being highly improved.
That Memorialist would have earlier brought forward this Claim but for an
impression that no Land could, under the existing Regulations, be alienated from
the Crown, except by purchase at public Sale, an impression which has been removed
by Your Excellency's recognition and liberal consideration of the intentions of the
RL Honorable the Secretary of State, and promi>es of former Governors.
Memorialist therefore humbly prays Your Excellency will take this claim into your
favorable consideration, and order Memorialist a Grant of four Sections of Land,
which Memorialist considers he was and is entitled to under the Authority of the
Secretary of State, the opportunity of which has only been deferred.
And Memorialist as in duty bound will ever Pray, etc., etc.,
Sydney, 26th Jany., 1837. Lesslie Duguid.
[Enclosure A3 to Minute No. 1 of 1838.]
Under Secretary Horton to Mr. L. Duguid.
Mr. Wilmot Horton presents his Compliments to Mr. Duguid, and, in reply to his
application of the 29th Ultimo, transmits to him a letter* to the Governor of New
South Wales authorising him to make to him an additional Grant of Land pro-
portioned to his increase of Capital.
Downing Street, 16th October, 1824.
[Enclosure A 4 to Minute No. 1 of 1838.]
Colonial Secretary Goulburn to Mr. L. Duguid.
Sir, Colonial Secretary's Office, 27th May, 1825.
In reply to the letter from the Colonial Office of which you have been the
bearer, I am directed by the Governor to have the honor of enquiring the improve-
ments, which have taken place on the Land already allotted to you, in order to
enable His Excellency to judge whether you have conformed to the conditions of
your present Grant so as to entitle you to the extension which Earl Bathurst is in
that event desirous of conferring upon you. I have, &c,
F. Goulburn.
[Enclosure A 5 to Minute No. 1 of 1838.]
Colonial Secretary Goulburn to Mr. L. Duguid.
Sir, Colonial Secretary's Office, 1st October, 1822.
In compliance with a Letter this day received from the Colonial Office in
Downing Street, I am directed by His Excellency Sir Thomas Brisbane to acquaint
you that a Grant of Land will be made to you in proportion to the means, which
* Note 70.
SNODGRASS TO GLENELG. 281
you may possess of bringing the Same into Cultivation, immediately on your sending 1838.
in a statement to this Office of the number of Convicts, those means will enable 20 Feb.
you to take permanently off the Stores. I have, &c,
F. Goulburn, Col. Secrety.
[Enclosure A 6 to Minute No. 1 of 1838.]
Mr. L. Duguid to Colonial Secretary Macleay.
Sir, Loohinvarr, Hunter's River, 31 Deer., 1827.
Having heard by common report that the Asst. Surveyor, at present attached Request for
to this River, is, after completing the Survey of the quarter to which he is now survey of land
engaged, destined for the Survey of Lands in the Upper Districts, I am in justice grant,
to myself induced to represent to you, for the consideration of His Excellency, the
unfinished State in which my farm now remains.
By the approved award of Messrs. Field and Wemyss, bearing1 date the 22nd June,
1823, I was entitled to the sections of Land of which I have since been in pos-
session, but neither the Northern, Western, nor Southern boundaries of which are
defined, making in all nearly five miles -which I am thus precluded from fencing, or
Claiming as my own.
Having repeated the Application I originally made to the Surveyor General on the
Subject, it therefore only remains for me, in making this Statement, to express the
hope that His Excellency may see fit to direct that a farm so long located may now
be measured as soon as circumstances will admit. I have, &c,
Lesslie Duguid.
[Enclosure A 7 to Minute No. 1 of 1838.]
Surveyor-General Mitchell to Colonial Secretary Macleay.
Sir, Surveyor General's Office, 22nd february, 1828.
I have the honor to acknowledge the receipt of your letter, dated 2nd February, Letter
A No. 28/42, enclosing an application from Mr. L. Duguid, in which he states that acknowledged,
he is prevented from completing the necessary improvement of his Land at Hunter's
River from the circumstances of three of the Sides being still undefined, and Soliciting
therefore that these may be measured off before Assistant Surveyor Finch removes
to the Upper District of the River.
In the absence of the Surveyor General, I have now the honor to return that Surveyor to
application, and to State for the information of His Excellency the Governor that measure grants.
I am preparing instructions for an Assistant Surveyor, who is to proceed to Newcastle,
there to commence the measurement and description of all Lands on both Banks
Hunter's River, which have not yet been measured and described. I calculate that
he will reach Mr. Duguid's Land in about two (2) weeks after his arrival in that
Country. I have, Sec.,
T. L. Mitchell, S.G.
[Enclosure A 8 to Minute No. 1 of 1838.]
Mr, L. Duguid to the Colonial Secretary.
Sir, Sydney, 28th february, 1829.
Enclosed I take the liberty to transmit to you an Application for an addi- Application for
tional Grant of 560 Acres of Land, which I have the honor to request you will do land grant,
me the favor of Submitting to the favorable Consideration of His Excellency the
Governor.
I likewise use the liberty of enclosing (in the State I received it) a note from
Mr. VV. Horton addressed to me in London, and accompanying a letter to Sir Thomas
Brisbane, under which I .applied for an extension of Grant in 1825 in proportion to
the Capital I possessed beyond a valuable Stock, but which the Governor declined
acting under from the circumstance of no improvement of my land having been
effected during my absence in England.
The improvements, which have since taken place, I now beg to submit to the
consideration of His Excellency.
Eighty Acres out of the 120 cleared have been under Cultivation, and, besides the
fencing now erected, the whole property is in the course of being enclosed.
I therefore trust His Excellency may see fit to accede to my request by granting
me .hi addition of 560 Acres (making in all 2,560 Acres) which indulgence has I
understand been extended to Settlers, who received the same quantity from Sir
Thomas Brisbane and whose improvements have been Similar.*
r have, &c
Lesslie Duguid.
' Marginal note. — Cannot lie complied with, it' he is employed as a Clerk in a
House of Business or any Public Kstablishment.— R.D., 15th April.
282
HISTOEICAL EECOBDS OF AUSTRALIA.
1838.
20 Feb.
Application by
L. Duguid
for additional
land grant.
Details
required from
J. P. Webber.
Application by
J. P. Webber
for additional
land grant.
[Enclosure A 9 to Minute No. 1 of 1838.]
Application of* Lesslie Duguid for an additional Grant of Land
without purchase.
Sir> t Sydney, 28th february, 1829.
I beg you will be pleased to submit to His Excellency the Governor, mv
request to receive Five hundred and Sixty Acres of Land, as 'an additional Grant
without purchase under the existing Regulations.
I am now in possession of Land to the following extent, t viz. : —
By Grant 2,000 Acres.
By purchase off the Crown
By Reserve
By Private purchase, Gift, or Inheritance . . .'
of which 120 Acres are cleared. Total 2,000 Acres.
I also possess Live Stock as under, viz. :
Horses 2
Horned Cattle 100
Sheep 1,400
and available money Capital to the amount of Five hundred Pounds.
I have erected Buildings on the Lands of the following description and value, §
viz. :
Overseer's Cottage, Barn, Dairy, Corn house and Huts, value about one hundred
and Fifty Pounds — £150.
I have completed two Miles of Fence, and have employed and maintained during
the last year fourteen Convict and four free Servants. I have. &c,
Lesslie Duguid.
To be reported whether Mr. Duguid is indebted to the Government or not.
Noted. Depy. Commry. Genl. Blank Cover, 2 March, 1829.
No Claim appears against Mr. Duguid in the Records of this Office.
James Laidley.
Commissariat Office, Sydney, 3rd March, 1829.
No Claim appears against Mr. Duguid in the Records of this Office.
James Busby, Col. Int. Rev.
Internal Revenue Office, Sydney, 4th March, 1829.
It does not appear from the Records in this Office that any Sum is due to Govern-
ment by the within named Applicant Mr. Lesslie Duguid.
Audit Office, Sydney, 10th March, 1829. Wm. Lithgow.
[Enclosure A 10 to Minute No. 1 of 1838.]
Minute No. 42.
Government House, 1st April, 1830.
Let Mr. James Webber be called on to State what available Capital he possesses,,
as giving him a Claim to an additional Grant of Land, his friends having made-
application to the Secretary of State that he should receive a further Grant.
Let him state at the same time, the quantity he now possesses, as also the Live-
stock and the improvements made on the Land he at present holds.
Ra. Darling.
[Enclosure A 11 to Minute No. 1 of 1838.]
Application of James Philips Webber for an Additional Grant of
Land without purchase.
Sir, Paterson's River, 1st May, 1830.
I beg you will be pleased to Submit to His Excellency the Governor, my
request to receive five Thousand acres of Land, as an additional Grant without
purchase, under the existing Regulations.
I am now in possession of Land to the following extent, viz. : —
By Grant 2,000 Acres.
By Purchase off the Crown 1,280
By Reserve
By Private Purchase, Gift, or Inheritance
of which 350 Acres || are cleared. Total 3,280 Acres.
* Marginal note. — Write Christian name and Surname legibly and at full length.
t Marginal note. — State accurately the usual place of residence that the reply may
be duly forwarded.
t Marginal note- — Not indebted to the Government. — T.C.H.
§ Marginal note. — Here describe the several Buildings and their value.
|| Marginal note. — Let him receive four Square Miles as an additional Grant, on-,
reference to Sir George Murray's Letter of 18 Septr., 1829. — R.D., Oct. 27.
SNODGRASS TO GLENELG. 283
I also possess Live Stock as under, viz. : 183S.
Horses 4 20 Feb.
Horned Cattle 380
Sheep 2,800 Application by
and available Money Capital to the Amount of £1,000 ; J. P. Webber
and available produce Capital to the Amount of £4,200.* for additional
I have erected Buildings on the Lands of the following description and valuef land grant,
viz. : —
House £500 Tobacco Sheds £100
Barn 100 Press houses, etc 100
Dairy, Store, Granary 180 Maize Barns and Small
Buildings 70
I have completed eight Miles of Fence, and have employed and maintained during
the last year Thirty four Convict and Three free Servants. $
I have, &c,
James P. Webber.
[Enclosure A 12 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary.
Sir, Paterson's Plains, Hunter's River, 16th August, 1S30.
Referring to your Letter of April 14th, 1830, and to my reply of May 1st, Request by
respecting a Communication from the Secretary of State relative to an additional J. p. Webber
Grant of Land to be given to me, I have the honor to request that you will submit my for decision,
earnest Solicitation to His Excellency the Governor, to be favored with the com-
munication of His Excellency's Intentions respecting it. 1 have, &c,
James P. Webber.
[Enclosure A 13 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary.
Sir, Paterson's Plains, Hunter's River, 18th October, 1830.
Referring to my Letters of May 1st and 16th August, relating to an additional
Grant of Land which the Secretary of State had been pleased to authorise to be made
to me, I have the honor to request that you will be pleased to convey my most earnest
entreaty to His Excellency the Governor to be favored with an answer to them.
I have, &c,
James P. Webber.
[Enclosure A 14 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary.
Sir, Paterson's Plains, Hunter's River, 1st March, 1831.
Referring to an Order for an additional Grant of Land to be given to me, Request for
dated November 3rd, 1830, I have the honor to request that His Excellency the extension of
Governor will be pleased to extend the time allowed for making the Selection to an time for
additional period of four Months, I having been unable to fix upon a Spot within the selection,
prescribed time. I have, &c,
James P. Webber.
[Enclosure A 15 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary.
Sir, Paterson's Plains, 4th August, 1827.
I have the honor to acquaint you, for the information of His Excellency the Request for
Governor, that, having completed the conditions attached to my Grant of Land of additional
2,000 Acres, I am desirous of having it extended to the quantity now permitted to land grant,
be given to a Settler, and beg that His Excellency will be pleased to take my
request into consideration.
I beg to add that I have been compelled to purchase Land in order to maintain
the Stock that I possess. I have, &c,
James P. Webber.
[Enclosure A 16 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary.
Sir, Paterson's Plains, Hunter's River, 16th October, 1827.
In conformity with the direction contained' in your letter of the loth August,
I have the honor to renew my application for an additional Grant of Land according
to the prescribed Regulation. I have, &c,
James P. Webber.
* Marginal note. — 3,500 Burks Maize @ 5s., £875 ; 500 Bis. wheat @ 8s., £200 ;
500 Bis. Barley @ 5s., £125 ; 40,000 lbs. tobacco @ Is. 6d., £3,000.
"if Marginal note. — Here describe the Several Buildings ami their value.
X Marginal note. — Let him receive 560 acres ;is an Additional Grant and inform him
the Regulations do not permit of my granting him more. — R.D., June 9.
284
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 Feb.
Application by
J. P. Webber
foi additional
land grant.
[Enclosure A 17 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary.
LThis enclosure was a repetition of .1 t8 with the omission in the list of improve-
ments of "Maize Barn £25" and of all endorsements.]
[Enclosure A is to Minute No. 1 of 1838.]
Application of* James Philips Webber for an additional Grant of
Land without purchase.
Sir, f Paterson's Plains, Hunter's River, 16th October, 1827.
I beg you will be pleased to Submit to His Excellency the Governor my
request to receive five hundred and Sixty Acres of Land as an additional Grant
without purchase, under the Regulations Contained in the Government Order No. 35,
dated 5th September, 1826.
I am now in possession of Land to the following extent,J viz. : —
By Grant 2,000 Acres.
By Purchase off the Crown 1,280
By Private Purchase, Gift, or Inheritance
By Reserve
Total 3,280 Acres
of which 250 Acres are cleared.
I also possess Live Stock as under, viz. :
Horses 3
Horned Cattle 1.30
Sheep 1,300
and available Money Capital to the Amount of £
I have erected Buildings on the Lands of the following description and value,
House for Servants
Two Small Do.
£20
20
House £500
Barn 100
Maize Barn 25
Kitchen 15
I have completed Three and a quarter Miles of fence, and have employed and
maintained during the last year Twenty Three Convict and no free Servants.
I have, &c,
James P. Webber.
To be reported whether Mr. James P. Wbeber is indebted to the Government or
not.
Noted. Dep. Coram. Genl. Blank Cover, 24th July, 1829.
Deputy Commissary General Wemyss transferred to this Office a Statement,
dated 7th April, 1825, in which Mr. James P. Webber stands indebted to the
Government for the Services of Convicts to the extent of two hundred and Thirty
eight Bushels of Maize.
Mr. Scott, late in charge of the Commissariat at Newcastle, has however just
handed me a letter (of which the accompanying is a Copy) addressed to him by
Depy. Commy. Genl. Wemyss on the 18th January, 1827, from which it would
appear that the debt in question had been liquidated Subsequently to the receipt of
the Said Statement. James Laidley, D.C.G.
Commissariat Office, Sydney, 27th July, 1829.
Dep. Com. -Genl. Wemyss to Mr. William Scott.
Sir, Commissariat Office, Sydney, 18th Jany.. 1827.
Mr. Webber has addressed me a letter of which the enclosed is a Copy:
Be pleased to issue the allowance he claims, as I presume his Statement is correct.
I am, &c,
A true Copy: — James Laidley. D.C.G. Wii. Wemyss, D.C.G.
Mr. J. P. Webber to Dep. Com. -Genl. Wemyss.
Sir. Paterson's Plains, Hunter's River, 13th Jany., 1827.
I have the honor to inform you that, on making application to Mr. Scott
the Storekeeper at NewCastle for the balance of commutation Money due me as a
Magistrate, I was informed that, in consequence of my being indebted to Government,
he could not pay it.
* Marginal note. — Write Christian and Surnames legibly and at full length.
t Marginal note. — State accurately the usual place of residence that the reply may
be duly forwarded.
t Marginal note. — not indebted to the Govt. — T.C.H.
SXODGRASS TO GLEXELG. 285
I annex a Memorandum of the Items by which the debt has been discharged and 1838.
will trouble you to forward an order to Mr. Scott to pay what is due to me. 20 Feb.
I have, &c,
Amount of debt, 562 Bushels. James P. Webber, J. P.
August, 1824, paid 68 Bushels.
July, 1826, ditto 256
,, ditto 238 ,, The Amount of the Sums due to me
and applied by you to the payment of
a true Copy. 562 ,, the debt.
The Sums so applied are a quarter's Commutation money from March to June,
1S26, and 3,0S9 pounds of wheat received into Store.
Mr. lame'- P. Webber has paid the two first Instalments of the purchase money
of his 1,280 Acres, and applied for the return of the difference between these Sums
and the Instalment of Is. 2d. per Acre required to be paid by the Order of
23rd October, 1828, as he intends availing himself of that arrangement. No other
Claim appears against Mr. Webber in the Records of this Office.
Internal Revenue Office, Sydney, 30th July, 1829. James Busby, Col. Int. Rev.
No claim appears against Mr. James P. Webber in the Records of this Office,
beyond those stated on the other side by the Depy. Corny. Genl. and the Collector
of Internal Revenue. Wm. Litiigow, Aud. Genl.
Audit Office, Sydney, 30th July, 1829.
[Enclosure A 19 to Minute No. 1 of 1838.]
Mr. J. P. Webber to the Colonial Secretary. *
Sir, Cumming's Hotel, Sydney, 28 July, 1831.
I have the honor to enclose, for the information of His Excellency the Gov- Land selected
ernor, the copy of a Letter which I have received from the Surveyor General relative by J. P. Webber,
to the Selection of my additional Grant of 2,560 acres of Land.
I was induced to select the Land referred to, from a knowledge that the Lease
of the Land to Mr. Nowlan had nearly expired ; and the object of this letter is to
reouest that His Excellency the Governor will cause thi> circumstance to be notified
to the Surveyor General.
I am also desirous to state that I ask for possession of this Land, when
Mr. Nowlan's interest in it has terminated ; and, as there is an old stock Yard and
hut on the Land (which have not been occupied for two years past), I am willing
to make a compensation for them in case His Majesty's Government should be called
upon to do so by Mr. Nowlan. I have, &c.,
James P. Webber.
P.S. — My stay in town being limited, I shall feel particularly obliged by receiving
as early an answer to this Letter as circumstances will permit.
f Enclosure A 20 to Minute Xo. 1 of 183S.]
Surveyor-General Mitchell to Mr. J. P. Webber.
Sir, Surveyor General's Office, 27th July, 1831.
I have duly received your Letter of the 26th Inst, informing me that you New selection
have selected j, jthe remaining part of t and of i , also a portion of i adjoining your necessary.
Grant and purchased Land in the parish of Middlehope, and in reply thereto have to
acquaint you that Mr. Nowlan's lease for seven years, which has not yet expired,
includes the land so described ; and, as I have not received any notification of this
Lease having been cancelled by the Government or relinquished by the Tenant, it
will be necessary that you should make a fre*h selection.
I have, &c, ■
T. L. Mitchell. S.G.
[Enclosure A 21 to Minute Xo. 1 of 1838.]
Mr. J. P. Webbeb to the Colonial Secretary.
Sir, Cumming's Hotel. Sydney, 6 Augt., 1S31.
Being compelled to leave Town on Friday next, and, from the recent altera- Request for
tion in the Land Regulations, being desirous to make my selection immediately, I answer to letter,
have the honor to request that you will be pleased to make known to Hi> Excellency
the Governor my anxiety to obtain an answer to my Letter of the 28th Ultimo.
I have, &c,
Jambs P. Webber.
' Marginal note. — It will be better to see Mr. Webber, who was here this morning
before I had looked into these papers, and inform him it will be necessary for him
to make another selection, as, should Mr. Nowlan be desirous of purchasing the Land
at the termination of his Lease in February next, he would probablj be permitted
to do so, having had possession of it for so long a period. Apprize him that the
presenl anangets. render it necessary he should make his Selection without lose of
time.— R.D., Augt. 9th.
286
HISTORICAL RECORDS OF AUSTRALIA.,
1838.
20 Feb.
Memoranda
re claims of
L. Duguid.
Case to be
submitted to
executive
council.
Bequest by
L. Duguid for
decision.
[Enclosure A 22 to Minute No. 1 of 1838.]
Me. Duguid's claim to an additional Grant.
This case would seem to turn in a great measure upon the terms of the order of the
Secretary of State in 1824, which cannot be found in this Office. Mr. Dug-uid called
with his memorial, and apparently claims a Maximum Grant in extension and not
560 acres (in addition to his original grant of 2,000 acres) for which he made
application to Sir Ralph Darling in 1829, but was refused on account of his being
then a Cashier in the Bank of Australia. If therefore his claim be entertained at
all, it can only be for the 560 Acres in addition, unless it has been otherwise ordered
by the Secretary of State. The local regulations at the time, I understand, restricted
Grants to 2,560 Acres, whether original or additional, in the whole. As it is a
particular case for which there appears to be no precise precedent, it may perhaps
be better to obtain the opinion of the Executive Council. E.D.T.
1 Feb.
It is a case for the Ex. Council. I should say that, if the case of Scott and
Webber are in point, Mr. Duguid would have a claim to a second Grant of 2,560
Acres, if his means were thought equal to that extent when he applied in 1825.
But there are on the other hand these objections :
1. The length of time that has elapsed since he received the Secy, of State's
letter of 1824.
2. His limiting his application under that letter to Sir It. Darling in 1829 to
560 acres, which shows his own construction of the Secy, of State's letter at
that time.
If no time is considered as foreclosing such applications as these, there is no
knowing when they will end. . R.B.
2d Feby.
[Enclosure A 23 to Minute No. 1 of 1838.]
Transmit to the Clerk of the Councils and request him to prepare a precis of this
case, and to transmit it with the original documents for the perusal of the Members
of the Executive Council, it being His Excellency's intention to bring this Subject
before them at their next Meeting. E.D.T.
3 Feby.
Immediate.
[Enclosure A 24 to Minute No. 1 of 1838.]
Mr. L. Duguid to the Colonial Secretary.
Sir, Sydney, 20th July, 1837.
I had the honor to transmit to you on the 26th Jany. last a Memorial to His
Excellency the Governor, praying 'for the fulfilment of a promise made to me by
the Rt. Honorable the Secretary of State in October, 1824, of an additional Grant
of Land proportioned to my means, on the faith of which promise I returned to
this Colony the following Year.
Having been favored with no reply, may I beg you will do me the honor to bring
the Subject again under His Excellency's notice, as, independent of the delay which
has occurred in the fulfilment of this promise, I am fearful that the case may now
be mixed up with the question of additional Grants not based on any Specific order
of the Secretary of State, but arising from improvement of original ones.
I would respectfully Submit that the only questions on my Memorial are:
1st. Whether an additional Grant in proportion to my means was promised to
me, and the necessary Authority conveyed to Sir Thos. Brisbane ;
2nd. Whether that Authority has ever been acted on ;
3rd. Whether my means are such as to entitle me to a Maximum additional
Grant if eligible for any.
On the first two points, I would respectfully Submit there can be no doubt from
their recognition by two Successive Governors, and I trust His Excellency will at
once put a liberal interpretation on the latter, as the only precedents for additional
Grants under Similar Circumstances that I am acquainted with, viz., in the cases
of Mr. James Webber, Mr. R. Scott, and Mr. H. Scott, are in favour of the Maximum
quantity. I have, &c,
Lesslie Duguid.
[Enclosure A 25 to Minute No. 1 of 1838.]
Mb. L. Duguid to the Colonial Secbetaby.
Sir, Sydney, 7th Novr., 1837.
I did myself the honor to transmit to you in January last a memorial praying
for the fulfilment of an order for an additional grant of Land in my favor directed
to Governor Sir Thomas Brisbane in September, 1824.
GLENELG TO GIPPS. 287
I also had the honor of addressing you on the same subject in July last ; and, 1838.
understanding His Excellency will shortly leave this Government, I now beg to 20 Feb.
request you will as early as practicable, again bring this memorial under the
Governor's notice, with a view to my being favored with His Excellency's decision Request for
previous to his departure. I have, &c, decision.
Lesslie Duguid.
[Enclosure A 26 to Minute No. 1 of 1838.]
Mr. L. Duguid to the Private Secretary.
Sir, Sydney, 14 Nov., 1837.
I do myself the honor to transmit to you herewith a Copy of a Letter,
addressed to me by the Colonial Secretary in 1825, which I request you will do me
the favor to bring under the notice of His Excellency the Governor.
That Letter is appended to a memorial, I addressed to his Excellency the Gov-
ernor in January last, to which I have received no reply.
As I fear my application must, from this circumstance, have come before His
Excellency in a doubtful shape, or have become encumbered with extraneous matter
in passing thro' the Public Offices, I avail myself of this opportunity of bringing
under His Excellency's notice the unqualified terms, in which the desire of Earl
Bathurst, to confer on me the additional Grant I seek, is expressed in the Colonial
Secretary's original communication to me.
The nearness of His Excellency's departure, and the very direct nature of the
promise made me will, I trust, plead my excuse for intruding on His Excellency's
time. I have, &c,
Lesslie Duguid.
I have no recollection of this Case. The Colonial Secretary is requested to report
it at his earliest convenience. R.B.
16th Novr.
[Enclosure A 27 to Minute No. 1 of 1838.]
Colonial Secretary Goulburn to Mr. L. Duguid.
Sir, Colonial Secy.'s Office, 27th May, 1825.
In reply to the Letter from the Colonial Office of which you have been the Bearer, Statement
I am directed by the Governor to have the honor of inquiring the improvements, required from
which have taken place on the Land already allotted to you, in order to enable L. Duguid.
His Excellency to judge whether you have conformed to the conditions of your
present grant, so as to entitle you to the extension which Earl Bathurst is, in that
event, desirous of conferring upon you." I have, &c,
F. Goulburn.
Lord Glenelg to Sir George Gipps.
(Despatch No. 77, per ship Amelia Thompson; acknowledged by-
Sir George Gipps, 14th December, 1838. )
Sir, Downing Street,. 21 February,* 1838. 21 Feb.
I have the honor to transmit to you the copy of a letter Report required
addressed to this Department by desire of the Lords Commis- r| publication
sioners of the Treasury, respecting the publication* of a Narra- schooner
tive of the Voyage of the Colonial Schooner " Isabella " of New Isabella-
South Wales in search of the Survivors of the Crew of the
" Charles Eaton," and I have to request that you will send home
such further information on the subject as their Lordships have
stated to be necessary for their guidance. I have, &c,
Glenelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers, 19 Feby., 1838.
With further reference to the Communication addressed to
you on the Gth December last, respecting the Publication of the
Narrative of the Voyage of the Colonial Schooner " Isabella " of
* Note 71.
288
HISTORICAL RECORDS OF AUSTRALIA.
1838.
21 Feb.
Report required
re publication
of voyage of
schooner
Isabella.
New South Wales in search of the Survivors of the Crew of the
"Charles Eaton." and of your reply of 20th Deer, thereto, I have
it in command from the Lords Commissioners of Her Majesty's
Treasury to request you will state to Lord Glenelg that my Lords
have been apprized by a Report from the Commissioners of Audit
that, in addition to the sum of £6 10s. for printing the Chart of the
Voyage of the " Isabella." further payments had been made from
the Military Chest of £8 lis. for Engraving the Chart, and
£33 10s. 2d. for printing 1,022 copies of the Narrative of the Voy-
age, and that it was intended that any proceeds of the Sale of this
publication should be paid back to the Military Chest.
Before my Lords, therefore, can sanction the admission of an
Expenditure of this unusual description as a charge upon the funds
of the Military Chest, they consider it necessary that his Lordship
should call upon the Governor of New South Wales to report what
further arrangements have been made in regard to the Sale and
distribution of the Work, and what prospect there may be of the
reimbursement of the Expense incurred in the Publication by pro-
ceeds of the Sale of it. I am, &c.
F. Baring.
22 Feb.
Arrival of
ship .Minerva
•with fever
amongst
immigrants.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch No. 28. per ship Isabella; acknowledged by
lord Glenelg, 23rd July, 1838.)
My Lord, Government House, 22 Feby., 1838.
It is my painful duty to inform Your Lordship that the
ship " Minerva," which arrived in this Port upon the 23rd Ultimo
with Emigrants sent out by private Individuals upon Bounties,
was found to be affected by a contagious fever, rendering it
necessary to place the vessel and Emigrants under Quarantine.
The vessel with a portion of the Emigrants was released on the
12th Instant, but the remainder of the Passengers are still under
restraint at the Station at Spring Cove.
The accompanying Copies of the Eeport of the Medical Board
upon the state of the vessel on arrival, and a further Medical
Report received of the latest date, together with a List of the
deaths which have taken place during the voyage and subse-
quently, will place Your Lordship in possession of every informa-
tion upon this melancholy subject. I have, &c.,
K. Snodgrass.
Report by
medical board
re fever on
ship Minerva.
[Enclosure No. 1.]
Report by Medical Board.
Deputy Inspector General's Office.
25th January, 183S.
The Medical Board on the Emigrants per " Minerva," having as-
sembled and taken into consideration the report of the 24th instant
from Assistant Surgeon Stuart in -charge, Have to express their
SNODGRASS TO GLENELG. 289
regret that the real State of the Emigrants from these documents isss.
(herewith) is much more unfavorable than anticipated from the 22 Feb.
previous Statement of the Captain. ReporTby"
By this report it appears that the disease first Manifested itself medical board
about the 25th November, Since which Eighty Six have been at- ^^Jf? °£va
tacked ; of those fourteen have died, and that there now remains
sick, independent of Convalescents, thirty four, of which a list is
appended.
The Board consequently would recommend that the whole of the
Emigrants should be landed as speedily as circumstances will per-
mit, the Sick and Convalescents apart from the rest, and placed
under the usual restrictions and regulations. And that the tween
decks of the Ship shall be cleared and thoroughly cleansed and
fumigated, etc., taking care that none of the fittings up be em-
ployed in the Houses or Tents ashore, at least until they have
been well Scrubbed with Sand and Soap under the immediate
Superintendence of the Surgeon in charge.
The Board are further of Opinion that it would be desirable to
place all the families, in which the disease has hitherto occurred,
together in one or two of the Houses, so as to keep them in Some
measure apart from the rest, by which means the further Spread of
the disease is more likely to be more Speedily checked.
J. V. Thompson,
Deputy Inspr. General, Prest.
J. H. du Moulin,
Surgeon, 50th regt. and forces.
K. Robertson,
Col. Surgeon.
[Enclosure No. 2.]
Keport by Medical Board.
(Extract.)
Sydney, 24th February, 1838.
The Medical Board on the Emigrants per " Minerva " having under Report re
consideration the Reports of the Respective Surgeons of the immigrants
23rd instant, in quarantine.
Have to observe that no death has occurred, nor any new case,
since the previous report and that the Sick in Hospital are rapidly
diminishing and going on favourably.
J. V. Thompson, Depy. Inspector Genl.
J. H. du Moulin. Surg., 50th Reg. and Forces.
K. Robertson, Colonial Surgeon.
Quarantine Ground,
Gentlemen, Spring Cove, 23rd February, 183S.
The Emigrants per Ship " Minerva " under my charge are all
healthy. I have, &c,
Wm. Rogers, R.N., Superintendent.
To the Quarantine Medical Board, On the Emigrants per
" Minerva," Sydney.
[Sub-enclosures.]
[These were returns of twenty-four deaths; prior to 22nd Febru-
ary, 18S8, and of the sick at Spring core on 23rd February, 1838.]
Sick. I. Vol. XIX— T
290
HISTORICAL RECORDS OF AUSTRALIA.
1838.
23 Feb.
Instructions re
correspondence
with agent
general for
emigration.
Lord Glenelg to Sir George Gipps.
(Despatch No. 79, per ship Amelia Thompson.)
Sir, Downing Street, 23 February, 1838.
Referring to my Dispatch of the 21st Deer, last, No. 52,
in which I stated the circumstances under which I was of opinion
that the Correspondence between your Government and the Agent
General for Emigration should be conducted by that Officer with
the Colonial Secretary instead of through this Department, I
wish to explain that I do not under the terms of that Dispatch
desire to preclude a direct communication between the Agent
General and yourself, and that the only restriction on this corre-
spondence, which I think it of moment to enforce, is the one I
before enjoined, that nothing in the nature of Instructions is to
pass except through me. I have, &c,
Glenelg.
Murders at
Port Phillip.
Mounted police
detailed for
service at Port
Phillip.
Establishment
of overland
mail.
Delay in
survey at
Port Phillip.
Acting Governor Snodgrass to Lord Glenelg.
(Despatch marked "Separate," per ship Isabella; acknowledged by
lord Glenelg, 21st July, 1838.)
My Lord, Government House, 23rd Feby., 1838.
I have the honor to report to Your Lordship that, in conse-
quence of more than one murder being committed in the vicinity
of Port Phillip under circumstances proving the serious deficiency
of means for preventing such outrages, or for pursuing the per-
petrators, I considered it necessary to order a Serjeant and six
rank and file of the Mounted Police to proceed to that Territory,
as a Protection to the peaceable and well disposed Inhabitants,
and to aid the Civil powers established at Melbourne and Geelong
(the two principal Towns) in the execution of their duties. The
late Governor, Sir Richard Bourke, brought under your Lord-
ship's notice the establishment of a Land Mail* communication
with Port Phillip, which commenced running from the begin-
ning of the present year. To this it was also requisite to afford
protection, and, by having a party of the Mounted Police at the
extremities of the road for the interception of robbers or run-
aways, this will be in a good measure accomplished. I am happy
at being able to state that the mail has been run regularly by the
Contractor, and the road is now travelled upon daily without
difficulty or danger by those who are removing with their sheep
and cattle to this new country. I am, however, sorry to acquaint
your Lordship that the Surveying party has not made the pro-
gress that was anticipated in the laying out and measurement of
lands for public sale at Port Phillip. This has been a great dis-
appointment to many immigrants, as well as to people who are
Note 72.
SNODGRASS TO GLENELG. 291
desirous to proceed from this part of the Country and Van Die- 1S3S.
men's Land to settle there; and I, therefore, to hasten so desir- ~ 1"
able an object, ordered two more Surveyors and a Clerk to pro- ^loPort
ceed thither, and the Surveyors have accordingly gone by land, Phillip.
with a full surveying equipment. By this means, the best line of
road will be marked, and places for fixing the few punts required Road to be
across the Eivers will be pointed out without much loss of time, marked-
as, even in doing this, they will arrive at their destination fully
equipped, and nearly as soon and at much less expence than if
forwarded by sea, taking into consideration the detention in
waiting for a vessel, and the great uncertainty of the time the
voyage might occupy. It did not appear to me advisable to with-
draw any of the ^Mounted Police from their stations within the Mounted police
located boundaries of this Colony, and I was therefore obliged to for Port Phillip-
add the number of men required for Port Phillip to the strength
of that Corps from the Eegiments of Infantry serving in the
Command. I do not, however, consider that it will be necessary
to augment the present strength of the Surveyor General's De-
partment, in consequence of the numbers required for Port
Phillip, by more than one Assistant Surveyor and one Clerk.
The establishment at Port Phillip will consist, including the Establishment
present augmentation, of one Surveyor and four Assistant Sur- at SPort}phniip.
veyors with one Clerk, but two of the Assistant Surveyors (the
number now sent) may be brought back to Head quarters by the
end of this year; and, as the demand for land to be measured for
-ale in this part of the Country is likely to be comparatively
limited, until at least that time, there is sufficient strength left
here to meet the demand. I have, &c,
K Sxodgrass.
DESPATCHES
TO AND FROM ENGLAND
DURING THE
Administration of Sir George Gipps.
Sir George Gipps, kt., arrived in Port Jackson per the ship Upton
Castle on the 23rd of February, 1838, and assumed office as cap-
tain-general and governor-in-chief on the following day.
295
DESPATCHES.
1837
The Commission* of Sir George Gipps. 5 Oct'.
Victoria, by the Grace of God, of the United Kingdom of Great commission of
Britain and Ireland, Queen, Defender of the Faith, To our Sir G' Gipps-
Trusty and Well beloved Sir George Gipps, Knight, Greeting.
Whereas His late Majesty King William the Fourth did, by cer- Recital of
tain Letters Patent under the Great Seal of the United Kingdom commission,
of Great Britain and Ireland, bearing date at Westminster the
Twenty fifth day of June, one thousand eight hundred and
thirty one, in the first year of his Keign, constitute and appoint
Bichard Bourke, Esquire, Major General in his said late Ma-
jesty's Forces, to be Captain General and Governor in Chief in
and over the Territory called New South Wales, and all Islands
and Territories within the Limits therein mentioned, during his
said late Majesty's Boyal Will and Pleasure, as by the said re-
cited Letters Patent, relation being thereunto had, may more fully
and at large appear. Now know you that we have revoked and Revocation of
determined, and, by these presents, Do revoke and determine the
said recited Letters Patent and every Clause, Article and Thing
therein contained. And further know you that We, reposing
especial trust and confidence in the prudence, courage and loyalty
of you, the said Sir George Gipps, of our especial grace, certain
knowledge and mere motion, Have thought fit to constitute and
appoint, and by these presents do constitute and appoint you, the
said Sir George Gipps, to be our Captain General and Governor sir G. Gipps
in Chief in and over our Territory called New South Wales £_^g.vernor"
(except as hereinafter excepted), extending from the Northern
Cape or extremity of the Coast called Cape York in the latitude Territorial
of ten degrees, thirty seven minutes South, to the Southern ex- J'urisdictl0n-
tremity of the said Territory of New South Wales or Wilson's
promontory in the Latitude of Thirty nine degrees, twelve
minutes South, and of all the Country inland to the Westward
as far as the one hundred and twenty ninth degree of East
Longitude, reckoning from the Meridian of Greenwich, including
all the Islands adjacent in the Pacific Ocean within the Latitude
a fort -a id of ten degrees, thirty seven minutes South, and thirty
* Note 73.
^96
HISTORICAL RECORDS OF AUSTRALIA.
1837.
5 Oct.
General
instructions.
Oaths of office
to be taken.
nine degrees twelve minutes South, and also including Norfolk
Island, lying in or about the Latitude of Twenty nine degrees
three minutes South, and one hundred and sixty eight degrees of
East Longitude from the said Meridian of Greenwich, and of
all Forts and Garrisons, erected and established, or which shall
be erected and established within the said Territory or within
any part of the said Islands, save and except that part of our
said Territory hereinbefore described, which is called and known
by the name of the province of South Australia, and which lies
between the Meridians of one hundred and thirty second and
one hundred and forty first degrees of East Longitude, and be-
tween the Southern Ocean and the Twenty sixth degree of South
Latitude, with all and every the Islands adjacent thereto, and the
Bays and Gulfs thereof. And we do hereby require and com-
mand you to do and execute all things in due manner that shall
belong to your said Command, and the Trust we have reposed in
you, according to the several powers and directions granted or
appointed you by this present commission, and the Instructions
herewith given to you, or according to such further powers, in-
structions and authorities, as shall at any time hereafter be
granted or appointed you under our Sign Manual and Signet, or
by our Order in our Privy Council, or by Us, through one of our
Principal Secretaries of State, and according to such Laws and
ordinances as are now in force, or which may hereafter be made
under and by virtue of a certain Act of Parliament, made and
passed in the Ninth year of the Reign of King George the Fourth,
intituled, An Act to provide for the administration of Justice
in New South Wales and Van Diemen's Land, and for the more
effectual Government thereof, and for other purposes relating
thereto, as the same is continued by an Act, passed in the first
year of our Reign, intituled, an Act to continue until the Thirty
first day of December, one thousand eight hundred and thirty
eight, and from thence to the end of the then next Session of
Parliament, An Act of the Ninth year of the Reign of His Ma-
jesty King George the Fourth for the Administration of Justice
in New South Wales and Van Diemen's Land. And our Will and
Pleasure is that you, the said Sir George Gipps, as soon as may
be after the publication of these our Letters Patent, do take the
Oaths appointed to be taken by an Act passed in the first year of
the Reign of King George the First, intituled, An Act for the
further security of His Majesty's person and Government, and
the Succession of the Crown in the Heirs of the late Princess
Sophia, being Protestants, and for extinguishing the hopes of the
pretended Prince of Wales and his open and secret Abettors, as
the same is altered and explained by an Act passed in the Sixth
COMMISSION OF SIR G. GIPPS. 297
year of the Keign of His Majesty King George the third, in- 1837.
tituled, An Act for altering the Oath of Abjuration and the 1'
assurance, and for amending so much of an Act of the seventh ^auhst°^°Jfce
year of her late Majesty Queen Anne, intituled, An Act for the
improvement of the Union of the two Kingdoms, as after the
time therein limited requires the delivery of certain lists and
copies therein mentioned to persons, indicted of High Treason
or Misprision of Treason, or in lieu thereof the Oath required
to be taken by an Act passed in the Tenth year of the reign of
His late Majesty King George the Fourth, intituled, " An Act
for the relief of his Majesty's Roman Catholic Subjects," accord-
ing as the said former Acts or the said last mentioned Act shall
be applicable to your case; and likewise that you take the usual
Oath for the due execution of the Office and Trust of our Captain
General and Governor in Chief in and over our said Territory
and its Dependencies, and for the due and impartial administra-
tion of Justice; and further that you take the Oath required to
he taken by Governors of Plantations to do their utmost that the
several Laws, relating to Trade and the plantations, be duly
observed; all which said Oaths the Chief Justice of our said
Territory of New South Wales and its Dependencies for the
time being, or the Senior or any other Member of our said
Executive Council of our said Territory and its Dependencies, is
hereby authorized and required to tender and administer unto you,
and in your absence to our Lieutenant Governor (if there be any
present) ; all which being duly performed, you shall administer Oaths to be
to our said Chief Justice for the time being and to each of the *ustfcebandhief
Members of our said Executive Council such of the said oaths, executive
mentioned in the said several Acts, as shall be applicable to the
case of the Individual Member of our said Executive Council
taking the same, and also the usual oath for the due execution
of their places and trusts respectively; all which Oaths shall also
be administered by the Governor or person administering the
Government of our said territory and its dependencies for the
time being to all such persons, as shall hereafter be appointed
to be members of our said Executive Council, before they respec-
tively enter upon the Execution of the duties of such their
office. And we do hereby authorize and empower you to keep Custodian of
and use the Public Seal, appointed for the sealing of all things publlcseaL
whatsoever that shall pass the seal of our said territory and its
dependencies. And we do hereby give and grant unto you full rower to
power and authority to suspend any of the members of our said gxecutfve
Executive Council from sitting, voting or assisting therein, if councillors.
you shall find cause for so doing. And if it shall at any time
happen that, by the death, resignation or departure from our
298
HISTORICAL RECORDS OF AUSTRALIA.
1837.
5 Oct.
Power to
appoint
executive
councillors.
Appointment
of legislative
council.
Instructions
re legislation.
said territory and its dependencies of any of our said Executive
Councillors, there shall be a vacancy or vacancies in our said
Executive Council, you are hereby authorized and required, by
Warrant or Commission under the Public Seal of our said
territory and its dependencies, to appoint to be Members of our
said Executive Council so many fit and proper persons, as shall
make up the number present to be four and no more. It being
nevertheless our Will and Pleasure that you do signify to Us by
the first opportunity every such vacancy, with the occasion
thereof, as also the names and qualifications of the persons ap-
pointed by you, to the intent that such appointments may be
either disallowed or confirmed by Us; and, until such disallow-
ance or confirmation by us shall be signified and made known to
you, the persons so appointed by you shall be to all intents and
purposes Executive Councillors within our said Territory and its
dependencies; and if, in consequence of the suspension of any of
the members of our said Executive Council or their inability to>
attend from any temporary cause, there should not be a sufficient
number of Executive Councillors to form a quorum, you are
hereby authorized, provided the nature of the case shall in your
judgment render it necessary, to nominate from time to time
under the Public Seal of our said territory and its dependencies
as aforesaid such persons, as you shall deem best qualified to act
during the temporary incapacity of such Executive Councillors,
so that the number present may be two and no more (exclusive
of yourself and in your absence exclusive of the member pre-
siding). And the persons so nominated by you shall be and be
taken to be Executive Councillors, until the members originally
appointed are enabled to resume their seats, or until others are
appointed in their stead. And whereas it has been deemed ex-
pedient, in pursuance of the before mentioned Act of Parliament
of the ninth year of the Reign of King George the Fourth, as
continued by the before recited Act of Parliament of the First
year of our Reign as aforesaid, to constitute and appoint a
Legislative Council, with whose advice you are authorized and
empowered to make laws and ordinances for the peace, welfare
and good government of our said territory and its dependencies.
Now We do hereby require and command that you do take
especial care that, in making and passing such laws and ordin-
ances, the provisions, regulations, restrictions and directions,
contained in the said Act of Parliament of the Ninth year of the
reign of King George the Fourth, as continued by the before
recited act of the First year of our Reign as aforesaid, and also
in the instructions which have from time to time been issued
under the Royal Sign Manual or Signet, or which may hereafter
COMMISSION OF SIR G. GIPPS. 299
be issued by Us in that behalf, be strictly complied with. And 1837.
we do further give and grant unto you, the said Sir George Gipps, 1"
full power and authority from time to time, and at any time admin*?
hereafter by yourself or by any other to be authorized by you in oaths ;
that behalf, to administer and give such of the said Oaths in the
several Acts before mentioned contained, as shall be applicable
to the case of the individual to whom the same shall be admin-
istered, to all and every such person or persons as you shall think
fit, who shall hold any office or place of trust or profit, or who
shall at any time or times pass into our said territory and its
dependencies, or shall be resident or abiding therein. And we do
hereby authorize and empower you to constitute and appoint Jus- to appoint
tices of the Peace, Coroners, Constables and other necessary officers9onhe
officers and ministers in our said territory and its dependencies la^r;
for the better Administration of Justice and putting the law
in execution, and to administer or cause to be administered unto
them such Oath or Oaths, as are usually given for the due per-
formance and execution of their offices and places. And we do to pardon and
hereby give and grant unto you full power and authority, where repneve >
you shall see cause, or shall judge any offender or offenders in
any criminal matters or for any fines or forfeitures due unto us
fit objects of our Mercy, to pardon all such offenders, and to remit
all such offences, fines and forfeitures, treason and Wilful Murder
only excepted, in which cases however you shall likewise have
power upon extraordinary occasions to grant reprieves to the
offenders until and to the intent our Royal Pleasure may be
known therein. And we do hereby give and grant unto You, to divide
the said Sir George Gipps, full power and authority with the StiSltc0;
advice and consent of our said Executive Council to divide our
said Territory of New South Wales and its dependencies into
districts, counties, hundreds, towns, townships and parishes, and
to appoint the Jimits thereof respectively. And we do hereby to erect
give and grant unto you full power and authority, with the advice fortlflcatlons ?
and consent of our said Executive Council, to erect, raise and
build in our said territory and its dependencies such and so
many forts, platforms, castles, cities, boroughs, Towns and forti-
fications, as you by the advice aforesaid shall judge necessary,
and the same or any of them to fortify and furnish with ordnance,
ammunition and all sorts of arms, fit and necessary for the
security and defence of the same, and the same again or any of
them to demolish or dismantle as may be most convenient. Our and to contro)
Will and pleasure is that all public monies, which shall be raised,
be issued out by warrant from you for the support of the Gov-
ernment or for such other purposes as shall be particularly
directed and not otherwise. And we do hereby give and grant
-300
HISTORICAL RECORDS OF AUSTRALIA.
1S37.
5 Oct.
Power to
■dispose of land ;
and to control
-commerce.
Provision for
vacancy in or
removal from
office.
unto you full power and authority, with the advice of our said
Executive Council of our said territory and its dependencies, to
agree for such lands, tenements and hereditaments, as shall be
in our power to dispose of, and them to grant to any person or
persons upon such terms and under such services and acknow-
ledgments to be thereupon reserved unto Us, according to such
instructions as have been from time to time issued under the
Royal Sign Manual and Signet, or according to such further or
other instructions as may hereafter be issued by Us in that behalf
through one of our Principal Secretaries of State, which said
grants are to pass and be sealed with the public seal of our said
territory and its dependencies; and, being entered upon record
by such officer or officers as shall be appointed thereunto, shall
be good and effectual in law against Us, our Heirs and Suc-
cessors. And we do hereby give and grant unto you, the said
Sir George Gipps, full power and authority to appoint fairs,
marts and markets, and also such and so many ports, harbours,
bays, havens and other places for the convenience and security
of shipping, and for the better loading and unloading of goods
and merchandize within our said territory and its dependencies,
as by you with the advice of our said Executive Council shall be
thought fit and necessary. And We do hereby require and com-
mand all officers and ministers, civil and military, and all other
inhabitants of our said territory and its dependencies, to be
obedient, aiding and assisting to you, the said Sir George Gipps,
in the execution of this our commission and of the powers and
authorities therein contained. And, in case of your death or
absence out of our said territory and its dependencies, or in case
from any especial circumstances We shall judge it expedient by
warrant under our Royal Sign Manual and Signet or otherwise
to provide for the Civil Administration of the Government, not-
withstanding your actual presence in our said territory and its
dependencies, to be obedient, aiding and assisting unto such
person, as shall be appointed by Us to be our Lieutenant Gov-
ernor or Commander in Chief, or to administer the Government
of our said territory and its dependencies, to whom We do there-
fore by these presents in either of such cases give and grant all
and singular the powers and authorities herein granted, to be by
him executed and enjoyed during our pleasure. And if, upon
your death or absence out of our said territory and its depen-
dencies, there be no person upon the place commissioned or ap-
pointed by Us to be our Lieutenant Governor of our said terri-
tory and its dependencies, or especially appointed by Us to
administer the Government thereof, Our Will and Pleasure is
that the senior military officer in command of our forces within
GLENELG TO GIPPS. 301
our said territory and its dependencies shall take upon him the 1837.
administration of the Government, and that he or such other L'
Military Officer as may from time to time succeed to the Com- T™*^?}0*
mand of our said Forces shall also execute this our commission removal from
and the aforesaid instructions, and the several powers and °
authorities therein contained in the same manner and to all
intents and purposes as other our Governor or Commander in
Chief should or ought to do in case of your absence, or until your
return, or in all cases until our further pleasure shall be known
therein. And we do hereby declare, ordain and appoint that you,
the said Sir George Gipps, shall and may hold execute and enjoy
the Office and Place of our Captain General and Governor in
Chief in and over our said territory and its dependencies, to-
gether with all and singular the powers and authorities hereby
granted unto you for and during our Will and Pleasure.
In Witness, etc., Witness, etc., the fifth day of October.
By Writ of Privy Seal.
Lord Glenelg to Sir George Gipps.
(Despatch No. 80, per ship Amelia Thompson; acknowledged by
Sir George Gipps. 14th July, 183S.)
1838.
Sir, Downing Street, 24 February, 1838. 24 Feb.
I have the honor to transmit to you the enclosed corre- Expenditure
spondence respecting an Expenditure of £2,268 4s., which appears f0nr stockade and
to have been incurred in New South Wales for new Buildings road Parties-
for Stockade and Eoad Parties; and I have to request that you
will report under what circumstances this charge had become
necessary. I have, &c,
Glenelg.
[Enclosure No. 1.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 8 Jany., 183S.
Referring to the communications addressed to you by direc-
tion of this Board on the 22d March and 29th April last, relating
to the repairs of Barracks and other buildings occupied by the
Convict Establishments in New South Wales and Van Diemen's
Land, I have it in command from The Lords Commissioners of Her
Majesty's Treasury to request you will state to Lord Glenelg that
my Lords have had under consideration an Estimate prepared by Consideration
the Commanding Royal Engineer in New South Wales of the of estimates of
Expenditure that will be required for the Buildings in question in royal en*ineer-
that Colony during the year 1838-9. This Estimate includes addi-
tions made by direction of the Governor of £3,000 for alterations
in the Factory at Paramatta, and £2,268 4s. for portable Houses
for Stockades and Road Parties.
302
HISTORICAL JEtKCORDS OF AUSTRALEA.
1838.
24 Feb.
Instructions re
buildings for
factory.
Buildings
for factory ;
As Sir Richard Bourke could not, however, have received the
Instructions respecting Estimates for this branch of the Service,
which were suggested in the letters of 22d March and 29th April
before alluded to, My Lords only deem it necessary, with reference
to these additions, to observe to Lord Glenelg that they apprehend
the Instructions, already given to Sir George Gipps in regard to
the Factory Buildings, will supersede the necessity for any further
directions on that subject, and to request that his Lordship will
Details required cause them to be apprized whether any information has been re-
re buildings fot ceived from Sir Richard Bourke respecting the proposed Buildings
road I parties! for Stockades and Road Parties, or any explanation of the circum-
stances, which may have rendered it necessary to incur so large
an amount of Expenditure in making what would appear to be
some new arrangement for lodging the Convicts belonging to the
Road Gangs, and the Parties employed in superintending them.
I am, &c.,
A. Y. Spearman.
[Enclosure No. 2.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street, 22d January, 1838.
Having laid before Lord Glenelg Your letter of the 8th Inst.,
I am directed to acquaint you in reply, for the information of the
Lords Commissioners of the Treasury, that Lord Glenelg concurs
with their Lordships in thinking that the Instructions, which have
been already issued to Governor Sir George Gipps in regard to
the Buildings of the Female Factory in New South Wales, will
render it unnecessary to convey to him any further directions on
the subject.
With regard to the proposed Building for Stockades and Road
Parties, I am directed to state that Lord Glenelg has received no
recent report on that point, but the Despatch from Sir R. Bourke,
copy of which is herewith enclosed, will inform the Lords Commis-
sioners of the principles of the arrangement with a view to the
completion, of which the Buildings in question would appear to be
intended. I am, &c,
Jas. Stephen.
[Enclosure No. 3.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 17th February, 1S38.
With reference to the Communication addressed to you by
direction of this Board on the Sth Ulto. and to your reply of
22nd Ulto. thereto, respecting the Estimate for Repairs of Convict
Buildings in New South Wales, I am commanded by the Lords
Commissioners of Her Majesty's Treasury to acquaint you, for the
information of Lord Glenelg, that my Lords have informed the
Master General and Board of Ordnance that, as they do not find
the Governor of New South Wales has yet submitted any report
or explanation to his Lordship of the circumstances under which
the expenditure of £2,268 4s. for new Buildings for Stockade and
Road Parties has become necessary, My Lords are not enabled to
form any opinion as to the propriety of giving their Sanction for
this Expenditure. I am, &c,
A. Y. Spearman.
and for
stockades and
road parties.
Inability to
decide re
buildings for
stockades and
road parties.
GLENELG TO GIPPS. 303
Lord Glenelg to Sir George Gipps. 1838.
26 Feb.
(Despatch No. 81, per ship Amelia Thompson.)
Sir, Downing Street, 26 February, 1838.
I have the honor to transmit to you the enclosed copy
of a letter from the Secretary to the Church Missionary Society,
notifying the appointment of a person who has been engaged by Appointment of
the Society for the purpose of Superintending the Agricultural S^SSSSuw*
improvement of the Lands belonging to the Mission in New South for mission
Wales, and requesting that the charge of his outfit and passage an s'
may be repaid out of the Annual grant in aid of the Mission. I
nave to request that you will bring this application under the
consideration of the Legislative Council of your Government.
I have, &c,
Glenelg.
[Enclosure.]
Eevd. D. Coates to Lord Glenelg.
My Lord, Church Missionary House, 14th February, 183S.
In reference to Mr. Stephen's letter of June 30th, 1836, re-
specting the grant to the Church Missionary Society of a tract of
land at Wellington Valley, New South Wales, for the extension of
the Mission to the Aborigines, I beg to acquaint your Lordship that
the Committee have engaged the services of Mr. William Porter for Engagement
the agricultural improvement of the land in furtherance of the of w. Porter,
objects of the Mission, and that he embarked for Sydney on board
the " John," Capt. Smith, on the 12th Instant. The Committee
therefore request Your Lordship will have the goodness to acquaint
His Excellency the Governor of New South Wales of Mr. Porter's
appointment, and to direct the payment of Mr. Porter's Outfit and Request for
Passage out of the Colonial Grant in aid of the Mission, as has been payment for
done in former cases. outfitand
I am directed by the Committee to transmit for your Lordship's pas
information the enclosed extract from their Instructions to Mr.
Porter in reference to his particular duties.
I have, &c,
D. Coates, Secy., C.M.S.
[Sub-enclosure.]
Extract from the Instructions of the Committee of the Church instructions to
Missionary Society to Mr. W. Porter, dated Church Mis- superintendent
sionary House, February 2nd, 1838. SnEfon™
"The more immediate object, which the Committee have in view lands-
in sending out you, Mr. Porter, to the New Holland Mission, is to
take charge of the Agricultural Establishment at Wellington Valley.
The Revd. W. Watson has been carrying on the work there for up-
ward of five years with much zeal and labouriousness, and under
circumstances of much difficulty and discouragement. Amongst
other duties devolving on Mr. Watson, he has been compelled to look
after the Farm, which has unavoidably withdrawn much of his
time and attention from the more immediate work of the ministry
among the Natives. From this charge, it is proposed that you
should relieve him.
304
HISTORICAL RECORDS OF AUSTRALIA.
1838.
26 Feb.
Instructions to
W. Porter as
superintendent
of agriculture
on mission
lands.
" A tract of Government Land of considerable extent was assigned
to the Mission at its formation as a temporary arrangement by the
then Governor, Sir Ralph Darling. The Committee have since
applied to Her Majesty's Government at home for the permanent
grant of the land in aid of the Mission to the Natives. Their object
is that the land, by due cultivation and improvement, may be ren-
dered the means of gradually extending the Mission without addi-
tional pecuniary aid from the Colony. This plan it will be for you
to carry into execution. In the prosecution of this design, all your
skill and industry will find ample scope for their employment. All.
that enters into the judicious management of an extensive farming
concern in this country, will by degrees be called for in the under-
taking in which you are about to be engaged. It will be for you. in
the first instance, to make yourself well acquainted with the course
pursued in New South Wales in rendering a large tract of land
productive, and then to apply the information thus acquired, com-
bined with that you already possess, to the furtherance of the
particular object confided to you by the Committee. You will per-
ceive that your success in this undertaking will, if prospered by
the divine blessing, supply the means of indefinitely extending the
Mission to the Natives ; and that thus, by the steady application of
your time, thoughts and labors to your duties in this particular
department, you may be greatly instrumental in furthering the
Gospel among the Natives of New Holland. This is an object, on
which your life may be well spent.
" But though your primary duties will be those just pointed out,
and the due discharge of them will necessarily largely occupy both
your mind and your hands, yet the Committee wish you constantly
to keep in view the spiritual ignorance and misery of the Natives,
and to improve every suitable opportunity in your intercourse with
them to minister, by conversation and by your example, to their
religious instruction. This, with your own heart in a right frame,
you will find frequent occasions of doing in the intercourse with
them, into which your usual avocations will bring you. For the
Committee deem it important that you should employ the agency
and labors of the Natives in the business of the Farm, as exten-
sively as possible. This will, doubtless, be a matter of much diffi-
culty, and will probably be brought about only very gradually, and
for a long time very imperfectly ; but patience, temper, and steady
perseverance, combined with effective fervent prayer for them and
for yourself, will under the divine blessing eventually accomplish
much. Be not therefore discouraged at repeated failures and dis-
appointments. These must be expected, and that for a long period,
in dealing with a people in such a deplorable state of barbarism,
superstitution and ignorance, as those with wdiom you will have
to do. The habituating them, however, to habits of industry, order
and subordination, though by slow and scarcely perceptible degrees,
will tend, in combination with the temporal advantages which they
will acquire by their intercourse with you. and above all through
the grace of the Gospel, to raise them from their present wretched
condition, and to form them eventually into well ordered Christian
Communities. May it please God, by the supply of the Spirit of
Jesus Christ, thus to crown your labors with success !
" On the Lord's day, you will be more disengaged to take such a
part as may be consistent with your lay character in giving religi-
ous instruction to the Natives. This may be done either in a
GIPPS TO GLENELG. 305
Sunday School, or by visiting the Natives in the vicinity of your 1838.
habitation. With regard to this part of your employment you will 26 Feb.
act under the direction of the Missionaries. In reference, how- Instructions to
ever, to all that enters into the management of the Farm, the Com- w. porteras
mittee deem it advisable that you should exercise your own judg- superintendent
ment. under the direction of the Corresponding Committee at of agriculture
Sydney/' lands.
Sir George Gipps to Lord Glenelg.
(Despatch No. 30, per ship Isabella.)
My Lord, Government House, 26th February, 1838.
I have the honor to report to your Lordship that I arrived Arrival of
at Sydney in the Ship " Upton Castle " on the evening of Friday Sir G- Gipps'
last the 23rd instant, after a somewhat tedious passage from
England of 131 days.
Our progress was much impeded by adverse winds as we ap-
proached the shores of Australia, and by them we were forced,
after a fruitless effort to get through Bass' Straits, to take the
circuitous route round Van Diemen's Land.
We touched during our passage only at Madeira and the Cape
of Good Hope, and remained only three days at the former place,
and ten at the latter.
I have further to report to your Lordship that, on Saturday Oaths of office
the 24th instant, I was sworn into office with the usual formali- |^e" b?
ties at the Government House, and in the presence of all persons
who chose to attend. The several Oaths mentioned in my Com-
mission were administered to me by the Chief Justice, and I
afterwards myself administered to the Chief Justice and the Oaths given to
Members of the Executive Council the Oaths which they are andeScutfve
directed to take. councillors.
I do myself the honor to enclose for your Lordship's informa-
tion a copy of the Proclamation, which I caused to be issued,
immediately on the completion of the ceremony.
I have, &c,
Geo. Gipps.
[Enclosure.]
Proclamation.
By His Excellency Sir George . Gipps, Knight, Captain General and Proclamation
Governor in Chief of the Territory of New South Wales and its by Sir G. Gipps
Dependencies, etc. on assuming
Whereas Her Majesty has been graciously pleased, by Commission *
under the Great Seal of the United Kingdom of Great Britain and
Ireland, bearing date the Fifth day of October, One Thousand Eight
Hundred and Thirty-seven, to constitute and appoint me. Sir George
Gipps, Knight, to be Captain-General and Governor-in-Chief in and
over the Territory called New South Wales and its Dependencies;
Now I, the Captain-General and Governor aforesaid, do hereby
Sk.k. I. Vol,. XIX— V
306
HISTORICAL EECOItDS OF AUSTRALIA.
1538.
26 Feb.
Proclamation
on assuming
government.
proclaim and declare that I have this day taken the prescribed
Oaths before His Honor James Dowling, Esquire, the Chief Justice
of the Supreme Court of the said Territory, and that I have as-
by Sir g7 Gipps sumecl the Administration of the Government accordingly.
And I do hereby further proclaim and declare that Her Majesty
has been pleased to nominate and appoint the undermentioned Per-
sons to be Members of the Executive Council of the said Territory;
that is to say,
The Senior Officer in Command of Her Majesty's Land Forces for
the time-being.
The Bishop of Australia, or the Bishop of Australia for the time-
being.
The Colonial Secretary of the said Territory, or the Colonial
Secretary of the said Territory for the time-being.
The Colonial Treasurer of the said Territory, or the Colonial
Treasurer of the said Territory for the time-being.
Given under my Hand and Seal at Government House, Sydney,
this Twenty-fourth day of February, One thousand eight
hundred and thirty-eight, and in the first Year of Her Ma-
jesty's Reign. (l.s.) George Gipps.
By His Excellency's Command,
E. Deas Thomson.
God Save the Queen !
Lord Glenelg to Sir George Gipps.
(Despatch No. 82, per ship Amelia Thompson.)
27 Feb. Sir, Downing Street, 27 February, 1838.
Allowance of I have received and laid before the Queen Sir Richard
'nmninv^t"?6 Bourke's Despatch, No. 94, transmitting an Act passed by the
Legislative Council of New South Wales, intituled " An Act to
facilitate Proceedings by and against The Royal Exchange Com-
pany, and for other purposes therein mentioned."
Her Majesty has been graciously pleased to confirm and allow
this Act. I have, &c,
Glenelg.
company's act.
28 Feb.
Despatch
acknowledged
re services of
naval officers.
Lord Glenelg to Sir George Gipps.
(Despatch No. 83, per ship Amelia Thompson.)
Sir, Downing Street, 28 February, 1838.
I have received Sir Richd. Bourke's Despatch, No. 87, of
the 10th of September last, representing the services rendered
to the Colony under your Government by Captain Hobson and
the Officers of H.M. Ship Rattlesnake, on the occasion of Port
Philip being occupied.
I have had much satisfaction in transmitting a copy of Sir
Richard Bourke's Despatch to the Lords Commissioners of the
Admiralty. I have, &c,
Glenelg.
GIPPS TO GLENELG. 307
Sir George Gipps to Lord Glexelg. i83s.
2 March.
(Despatch No. 31, per ship Alfred.)
My Lord, Government House, 2nd March, 1838.
In acknowledging the receipt of your Lordship's Despatch
of the 28th July, 1837, No. 354, I have the honor to report to
Your Lordship that the payment, therein directed to be made, Payment to
of £20,000 into the Military Chest, in reimbursement of a like military chest-
sum advanced by the Treasury to the Agent of this Colony of
Emigration, had been effected before the receipt of your Lord-
ship's Despatch, vizt., on the 6th January last.
I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glexelg.
( Despatch No. 32, per ship Alfred ; acknowledged by
lord Glenelg, 26th June, 183S.)
My Lord, Government House, 3rd March, 183$. 3 March.
I have the honor herewith to forward, for the purpose of Transmission
being presented to Her Most Gracious Majesty, an address of
Congratulation on Her Majesty's happy accession to the Throne
of Her ancestors, agreed to at a Public Meeting held in Sydney
on the 1st Novr., 1837, and which has been very generally signed
by persons of all classes in this Her Majesty's most loyal Colony.
The address was presented to me this morning by a Deputa-
tion, consisting of some of the most respectable Inhabitants of
the Colony, with a request that it might be presented to Her
Majesty by your Lordship. I have, &c.,
Geo. Gipps.
[Enclosure.]
Address.
To the Queen's Most Excellent Majesty. Address to
May it please your Majesty. H-M. Queen
No sooner was intelligence received of the mournful dis- ^accession
pensation, by which your Majesty and the British Nation had been
deprived of their Illustrious Sovereign and Protector, than a feeling
of loyal devotion to your Majesty mingled itself with our sorrow
for the demise of late Monarch. King William the Fourth. We had
lived long enough under His Majesty's sway to receive many con-
vincing proofs of the noble and estimable qualities, which adorned
his character, and of His Majesty's consciencious regard as well
for the maintenance of the liberties, as for the promotion of the
welfare of his people.
Under a deep sense therefore of the Severe loss, which we in
COmmOD with Your Majesty have sustained. We, your Majesty's
most faithful Subjects. Members of Council. Magistrates, and In-
habitants of the Colony of New South Wales, in public Meeting
308
HISTORICAL RECORDS OF AUSTRALIA.
1838.
3 March.
Address to
H.M. Queen
Victoria on
her accession.
assembled, in transferring our allegiance to your Majesty, as our
lawful Queen and Governor, do respectfully solicit permission to
lay at the feet of Your Majesty, the homage of our most cordial
congratulations on your accession to the Throne of the United
Kingdom. From this distant part of Your Majesty's dominions,
we hasten to join our fellow subjects in heartfelt vows of loyalty
and attachment to your Majesty's person and Government, and in
expressions of gratitude for your Majesty's gracious declaration,
" that it will be your unceasing Study to maintain the reformed
religion, as by law established, securing at the same time to all
the full enjoyment of religious liberty, and that you will Steadily
protect the rights, and promote to the utmost of your power the
happiness and welfare of all classes of your subjects."
We earnestly implore of the Almighty that Your Majesty may
reign long and happily over a faithful and prosperous people ; and
that the National interests may continue to flourish under Your
Majesty's fostering Government. Through the watchful care of
Divine Providence, we feel confident that the beneficient influence
of Your Majesty's sway will be experienced even in this distant
land in the improvement of our civil and religious institutions, in
the extension of our commerce, in the increase of our population,
and above all in the amelioration of their moral character and
habits.
And we unfeignedly express a hope that not only in this Terri-
tory, but throughout your Majesty's Dominions, the hearts of all
your Subjects may be united, as the heart of one man, to maintain
and protect in undiminished honor the Sovereign, who possesses
their undivided affection.
Sydney, New South Wales, 1st November, 1837.
[Here folloiv the signatures.]
Sir George Gipps to Lord Glexelg.
(Despatch No. 33, per ship Alfred; acknowledged by
lord Glenelg, 27th June, 1838.)
My Lord, Government House, 3rd March, 1838.
Transmission I have the honor to forward herewith, for the purpose
H.^LAdeiaTde, of being presented to Her Most Gracious Majesty Adelaide the
queen dowager. Queen Dowager, an address of Condolence on the loss which Her
Majesty has sustained by the death of our late beloved Sovereign,.
King William the Fourth, which was agreed to at a Public Meet-
ing held in Sydney on the 1st Novr., 1837, and has been very
generally signed by persons of all classes in this loyal Colony.
The Address was presented to me this morning by a Deputation
of some of the most respectable Inhabitants of the Colony, with
a request that I would entreat your Lordship to present it to
Her Most Gracious Majesty. I have, &c,
Geo. Gipps.
queen dowager.
GIPPS TO GLENELG. 309
[Enclosure.] 1838.
3 March.
Address.
Address of
To Her Majesty Adelaide, Queen Dowager. condolence to
May it please Your Majesty. *;1^S.
We, the Members of Council. Magistrates, and Inhabitants
of the Colony of New South Wales, in Public Meeting assembled,
iuinbly solicit your Majesty's permission to tender our respectful
condolence on the severe affliction, with which it has pleased the
Great Disposer of Events to visit Your Majesty in the loss of your
Royal Consort, our late Sovereign, King William the Fourth. As
we are aware that, in consequence of the great distance at which
we live from that favored land which enjoys the happiness of Your
Majesty's presence, this humble tribute of our respect cannot be
laid before your Majesty, until the influence of time, aided by the
powerful consolations of our holy religion, shall have abated the
first poignant emotions of sorrow, we might hesitate to intrude
on Your Majesty, under the apprehension that we inconsiderately
were reviving Your Majesty's grief, were it not that we are anxious
to express our dutiful respect for your person, and humbly hope
that it may afford to your Majesty a melancholy satisfaction, to
be assured that even in this most distant possession of the Crown
the eminent qualities, by which our late revered Monarch was dis-
tinguished, had acquired the devoted affection of his Subjects, and
that we feel deeply the loss, which the Kingdom in common with
your Majesty has sustained.
But wTe should be indeed concealing our sentiments, were we
not also to beg Your Majesty's acceptance of the respectful assur-
ance of our warmest admiration of Your Majesty's zealous and suc-
cessful efforts to promote a due observance of Virtue, Order, and
decorum amongst those who surrounded the throne, and the bene-
ficial influence of Your Majesty's high example in that respect
throughout the British Empire, as well as the bright pattern of
patient assiduity and affectionate attention, which soothed the last
hours of our departed Sovereign, and which must for ever dwell in
the grateful recollection of his people.
Sydney, New South Wales, 1st November, 1837.
[Here follow the signatures.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 34, per ship Alfred.)
My Lord, Government House, 5th March, 1838. 5 March
I have the honor to inform your Lordship that the Chief Request by
Justice of this Colony and the two Puisne Judges have this
morning waited on me, in a formal and official manner, to request
that I will, to the utmost of my power and influence, support the
claims that were set forth by them in a letter to Your Lordship
dated the 2nd January, 1838, and which was forwarded to your
judges for
support of
their claim?.
310
HISTORICAL RECORDS OF AUSTRALIA.
5 March.
Precedency of
puisne judges.
Request for
increase of
salaries.
Lordship by the late Acting Governor, Colonel Snodgrass, with
his Despatch of the 2nd February last, No. 16.
With regard to the Precedency of the two Puisne Judges, it
seems to me only necessary to state that I concur in the opinion
expressed by Colonel Snodgrass, as to their being placed too low,
principally because they are by the new Book of Regulations
placed below the Attorney General, he being an ex officio Mem-
ber of the Legislative Council.
I have also to report to your Lordship that the Puisne Judges
urged upon me various facts and arguments, all tending to prove
the inadequacy of their remuneration, and the extreme dearness
of house rent and provisions in this Colony. I cannot, however,
undertake, after a residence only of ten days in it, to express any
opinion of my own on these matters. I have, &c,
Geo. Gipps.
7 March.
Memorial
acknowledged
from
J. Nicholson.
Refusal of
application
from
J. Nicholson.
Lord Glenelg to Sir George Gipps.
(Despatch No. 84, per ship Amelia Thompson.)
Sir, Downing Street, 7 March, 1838.
I have the honor to acknowledge the receipt of Sir
Richard Bourke's dispatch No. 96 of the 23d of Sept. last, with
a Memorial addressed to the Lords Commissioners of the Ad-
miralty by Mr. John Nicholson, Harbour Master at Port Jack-
son, respecting his half pay as a Master in the Royal Navy.
I enclose, for the information of Mr. Nicholson, their Lord-
ships' reply to his application. I have, &c,
Glenelg.
[Enclosure.]
Sir John Barrow to Under Secretary Stephen.
Sir, Admiralty, 2nd March, 1838.
Having laid before my Lords Commrs. of the Admiralty your
letter of the 27th Ulto. transmitting by direction of Lord Glenelg
a copy of a Despatch from the Governor of New South Wales, in-
closing a Memorial addressed to their Lordships by Mr. John
Nicholson, a Master in the Royal Navy, praying the restoration of
a portion of his Half Pay. which has been deducted in consequence
of his holding the situation of Harbour Master of Port Jackson, and
referring to the case of Mr. Higgs. Harbour Master of Trincomalee,
I am commanded by their Lordships to acquaint you, for the in-
formation of Ld. Glenelg, that the case to which Mr. Nicholson
refers is not in point, and that their Lordships cannot authorize
his receiving a greater portion of his Half pay than that which he
now receives. I am, &c,
Jno. Barrow.
GLENELG TO GIPPS. 311
Lord Glenelg to Sir George Gipps. o \^ss-
8 March.
(Despatch No. 85, per ship Amelia Thompson.)
Sir, Downing Street, 8 March, 1838.
I have received Sir Richard Bourke's dispatch No. 127 of Despatch
™~ . • , • i • i acknowledged
the 24th Novr., 1836, respecting certain payments which ap- re payments.
peared in the Accounts of the Colonial Treasurer of New South
Wales, but were not inserted in the Quarterly Returns of new
Appointments and special Payments, which are transmitted
periodically to this Country.
The Lords Commissioners of the Treasury have expressed
their opinion that the Quarterly Returns above mentioned should
be confined to Appointments and Salaries or other charges, which
may not have been included in the sanctioned Appropriation
Ordinance.
I enclose for your information and guidance a copy of the letter
from the Board of Treasury on this subject, and I have to desire Additional
that you will in future send home an additional copy of the papers to be
annual Estimates and Appropriation Ordinance of your Govern- transmitted,
ment for the purpose stated by their Lordships.
I have, &c,
[Enclosure.] Glenelg.
Mr. A. Y. Spearman to LTnder Secretary Stephen.
Sir, Treasury Chambers, 17 February. 1838.
With reference to the observations in the Despatch from Finance papers
the Govr. of N. S. Wales, submitted in yr. Letter of 26 July last, required for
relative to certain payments appearing in the Accounts of the purposes of
Coll. Treasurer, which had not been inserted in the Quarterly Re-
turns of New Appointments and special payments, and which were
adverted to in the Report of the Commrs. of Audit, accompanying
the Letter addressed to you, by direction of this Board on the
23d April last. I have it in command from the L.C. of the Treasury
to request you will state to Ld. Glenelg that, if the Commrs. of
Audit are regularly and duly furnished with Copies of the Annual
Estimate and appropriation Ordinances, passed by the respective
Governors and Councils of the Australian Colonies, and are ap-
prized of the decisions of the Home Govt, in regard to the Expendi-
ture and charges proposed in those Estimates and Ordinances, it
appears to my Lords that the Commrs. of Audit may be generally
authorized to admit the sanctioned charges ; and that in such
cases the periodical returns of New appointments, alterations of
Establishment, and extraordinary expenses shd. be confined to
Appointments and Salaries or other charges, which have not been
included in the sanctioned Appropriations.
With a view, however, to this Arrangement, it will be necessary
that an additional copy of each estimate and ordinance submitted
for sanction shd. be furnished for transmission to the Commrs. of
Audit, whom my Lords wd. apprize of the decision, which they and
H.M.'s Secretary of State had formed in regard to the admission
of the Expenditure Comprized therein. I am, &c,
A Y. Spearman.
312
HISTORICAL RECORDS OF AUSTRALIA.
1838.
March.
Approval of
estimates for
expenditure
on mounted
police.
Approval of
proposed
expenditure on
police barracks.
Instructions
proposed re
estimates of
expenditure.
Lord Glenelg to Sir George Gipps.
(Despatch No. 86, per ship Amelia Thompson; acknowledged by
Sir George Gipps, 13th July, 1838.)
Sir, Downing Street, 9 March, 1838,
The Master General and Board of Ordnance having trans-
mitted to this Department a Keport and Estimates of Works and
Repairs, proposed to be carried on in the Royal Engineer Depart-
ment in New South Wales in the year 1838-9 for the Mounted
Police, I have now the honor to enclose the copy of a letter
from the Board of Treasury conveying their Lordships' sanction
for the expenditure, and stating what course you will in future
adopt with reference to Estimates for the construction or Repair
of Buildings or other services defrayed from Colonial Funds,
or for such as, being occupied by the Convict Department or
Establishments, are defrayed from the Funds appropriated for
Convict Services. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury, 3 March, 1838.
The Lords Commrs. of H.M. Treasury having had under
their consideration yr. letter dated 22 Jany. last, in which you
transmitted, by direction of Ld. Glenelg, copy of a letter addressed
to his Lordship by the Secy, of the Ordnance, with the inclosed
Report and Estimate of the Works and Repairs proposed to be
carried on in the Royal Engineer Dept. in N. S. Wales in 1838-9 for
the mounted Police, amounting to £1,637 6s. l^d., I have it in Com-
mand from their Lordships to request that you will state to
Ld. Glenelg that, as it appears that Sir Richd. Bourke approved of
the Estimates for the Police Barracks, brought under his Lord-
ship's consideration by the Board of Ordnance, and that there is
not anything objectionable in them, my Lords will not withhold
their sanction to the Expenditure in question being defrayed from
Colonial Funds.
But, as it wd. have been more regular that the Governor of
N. S. Wales shd. have forwarded a special report with every neces-
sary explanation respecting these Estimates, my Lords suggest that
Ld. Glenelg shd. make a communication to that effect to Sir George
Gipps; and shd. apprize both that officer and the Lt. Govr. of
V. D. Land that all Estimates, relating to the Construction or
Repair of Buildings or other Services defrayed from Colonial
Funds, or relating to the Construction or repair of Buildings occu-
pied by the Convict Dept. or Establishments, and defrayed from the
Funds appropriated for Convict Services, shd. be forwarded for the
consideration and direction of H.M.'s Govt, by the officers in charge
of the Govts, of those Colonies, who shd. at the same time afford
such explanation or information relating thereto as may be
necessary. * am» &c"
A. Y Spearman.
GIPPS TO GLENELG. 313
Sir George Gipps to Lord Glenelg. 1838.
( Despatch No. 35, per ship Alfred ; acknowledged by
lord Glenelg, 31st July, 1838.)
My Lord, Government House, 9th March, 1838.
I have the honor to acquaint your Lordship that the Arrival of
French Corvette of the first class, " L'Heroine," commanded by J/Seroine.
Captn. Cecille and mounting 32 guns, anchored in Port Jackson
on the 3rd instt., coming from Hobart Town, which she left on
the 24th of February. Captain Cecille addressed to me a letter Request for
on the 5th instt., of which I enclose a copy, requesting me to advance"©0
make him an advance of money to enable him to defray the ex- Cecille.
penses of his vessel during his stay here, the amount to be re-
imbursed by Bills drawn by him on the proper Department of the
French Government at Paris ; and I have the honor to report that,
considering the relations of amity and alliance, which now sub-
sist between the Queen and His Majesty the King of the French,
I have judged it right to comply with his request, and have given
directions accordingly to the Deputy Commissary General, which
I hope will meet your Lordship's approval; I find that, on the
19th September in the year 1831, a similar advance of £580 was
made by order of Lieut. General Darling to Captain La Place,
commanding the French Corvette " La Favorite."
Your Lordship will observe, in Captn. Cecille's letter to me, Object of
that he states the object of his appearance in these seas to be corvette!
the protection of the French Whalers. I have, &c,
Geo. Gipps.
[Enclosure.]
Captain Cecille to Sir George Gipps.
Sydney, a bord de 1'Heroine, le 5t. Mars, 1838.
La Corvette de S.M. 1'Heroine, sous mon commandement, chargee Request by
de la protection des Calenders francais dans les mers Australes Cecille for
est entree a Sydney hier 4 Mars, venant d'Hobart Town. Oblige aclvance t0 rent-
de reniplacer une partie de mes vivres pour continuer ma com-
pagne, et isole dans ce pays on la France n'a pas encore d' Agent
Consulaire accredite, j'ai pense que je peurrais avec con fiance
m'adresser an representant d'une Nation amie pour obtenir les
secours dont j'ai besoin.
J'ai en consequence l'honneur de prier votre Excellence, de
vouloir bien faire mettre a ma disposition, si la chose est possible,
les fonds necessaires a racquittement de mes depenses, dans cette
Ville, le compte en serait regie en traites a 30 jours de vue sur le
payeur central des depenses a Paris.
J'ai l'honneur d'etre avec un profond respect, de votre Excellence.
Monsieur le Governeur,
Le tres humble, et tres
obeissant Serviteur,
Le Capitaine de 1'Heroine,
Cecille.
314
HISTORICAL RECORDS OP AUSTRALIA.
1838.
10 March.
of effects of
deceased
convicts.
Amended
returns
required.
Lord Glenelg to Sir George Gipps.
(Despatch No. 87, per ship Amelia Thompson; acknowledged by
Sir George Gipps, 5th July, 1839.)
Sir, Downing Street, 10 March, 1838.
I have the honor to transmit to you the copy of a letter
and of its enclosure from the Board of Treasury on the subject
of the proceeds of the effects of Convicts in the Australian Penal
;d Settlements, and I have to desire that you will forward to this
Department the amended Return required by their Lordships so
far as relates to the Colony under your Government.
I have, &c,
[Enclosure No. 1.] Glenelg.
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers. 3 March, 1838.
With reference to the Correspondence which has previously
taken place on the subject of the proceeds of the effects of Con-
victs in the Australian Penal Settlements, I am commanded by the
Lords Commrs. of H.M.'s Treasury, in transmitting the accom-
panying Copy of a Letter from Mr. Phillipps, dated 9 Deer. last, to
request you will state to Lord Glenelg that my Lords are of opinion
that his Lordship shd. call for an Amended Return of the Effects
of Deceased Convicts, lodged in the Treasury or Savings Banks
at V. D. Land, distinguishing the proceeds, if any, of Effects taken
from Convicts previously to any Conditional remission of Punish-
ment ; and that a like return slid, he called for of any effects
similarly deposited in the Treasury or Savings Bank of N. S. Wales.
I am, &c,
A. Y. Spearman.
[Enclosure No. 2.]
Mr. S. M. Phillipps to Mr. A. Y. Spearman.
Sir. Whitehall, 9 Deer., 1837.
Lord John Russell having deemed it advisable to refer to
the Law Officers of the Crown the several Documents, which accom-
panied your letter of the 31st Oct. last relative to the disposal of the
sum of £381 18s. l(Kd. deposited in the Savings Bank in V. D. Land,
the proceeds of the effects of deceased Convicts in that Colony. I
am directed to acquaint you for the information of the L.C. of the
Treasury that the Attorney and Solicitor General are of opinion
that so much of the before mentioned sum as is made up of sums
taken from Convicts before or at their embarkation, with interest
for the same, belongs to the Crown; but that so much as Consists
of Sums saved by Convicts having received Absolute or Conditional
remissions of punishment from the Governor, as mentioned in the
Statute 5 Geo. 4, Cap. 84, Sec. 26, belongs not to the Crown but to
the representatives of the deceased Convicts. It is therefore for
their Lordships to determine whether such part of the Money
before mentioned, as belongs to the Crown, should be paid over to the
Convict Establishment in the Colony, or to the account of the Com
vict Service at Home, upon which point their Lordships may think
it advisable to confer with the Colonial Dept.
I am, &c.
S. M. Phillipps.
Legal opinion
re disposal
of effects of
deceased
convicts.
GLENELG TO GIPPS. 315
Sir George Gipps to Lord Glenelg. 183s.
(Despatch No. o<5. per ship Alfred; acknowledged by
lord Glenelg, 17th July. 1S3S.)
My Lord, Government House, 11th March, 1838.
Herewith I have the honor to forward a letter,* which has Transmission
been addressed to your Lordship by Mr. Thomas Scott, dated t. Scott.
Sydney, the 10th of January, 1838, in which Mr. Scott appeals
to your Lordship against a decision of my Predecessor in this
Government, by which his claim to compensation for an alleged
loss in a transaction respecting land was rejected;
Mr. Scott's case is shortly as follows: — He obtained a promise Particulars
of a grant of land from General Darling, in 1829, of two sec- compensation.
tions of 640 acres each, or of 1,280 acres in the whole, but was
allowed as a favor, instead of that quantity of ordinary land,
to select 320 acres of land in an advantageous situation at Bris-
bane water. In less than a year afterwards, however (or in
August, 1830) on the representation of the Surveyor General, a
new arrangement was made by which Mr. Scott surrendered his
land on Brisbane Water with the exception of 25 acres, and re-
ceived as a compensation for what he gave up 640 acres else-
where. Your Lordship will observe that, as the promise which
Mr. Scott obtained from General Darling was for 1,280 acres,
the 25, which he was allowed to retain in what was supposed to
be a very favorable position on Brisbane Water, were estimated
as equal to 640 acres of the ordinary waste lands of the Crown,
and Mr. Scott appears to have been at the time well contented
with the arrangement, the separate grants for 25 acres on Bris-
bane Water and for 640 acres of ordinary land being made to him
in the regular manner. Mr. Scott however, finding the 25 acres
not to prove so valuable as he expected, brought forward in 1837
a claim for compensation, which was refused by Sir Richard
Bourke, and it is against this decision that Mr. Scott now appeals
to your Lordship. I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 88. per ship Amelia Thompson.)
Sir, Downing Street, 12 March, 1838. 12 March.
I have the honor to acquaint you that the Revd. Michael Appointment
Brennan having been selected by Mr. Ullathorn to fill the vacancy f{ Be1^inin as
created in the Establishment of the Roman Catholic Church by R.c. chaplain.
the death of Mr. Corcoran, and, having produced satisfactory
testimonials, I have authorised the Colonial Agent to issue to
him the Sum of One Hundred and Fifty Pounds on Account of
liis Outfit and Passage to New South Wales. I have, &c,
Glenelg.
* Note 74.
316
HISTORICAL RECORDS OF AUSTRALIA.
1838.
12 March.
Transmission
of memorial
from executors
of J. Henderson.
Details re
refusal of
land grant to
J. Henderson.
Memorial from
■executors of
J. Henderson
soliciting
land grant.
Sir George Gipps to Lord Glenelg.
( Despatch No. 37, per ship Alfred ; acknowledged by
lord Glenelg, 20th July, 1838.)
My Lord, Government House, 12th March, 1838.
Herewith your Lordship will receive a Memorial from
Messrs. James Edward Ebsworth, Lesslie Duguid, William Croas-
dill, and James Corlette, in their character of Executors of the
late Mr. J. Henderson, in which they request your Lordship to
make a free grant of land to the Orphan children of the deceased,
on the ground that he was improperly prevented from obtaining
a Grant from General Darling in the year 1828.
The circumstances, under which Mr. Henderson was refused a
Grant of land by General Darling, were (as far as I can judge
from the documents in this office) precisely the same as those
under which Mr. Dawson was refused; and Mr. Dawson's case
is fully explained in your Lordship's Despatch to Sir Richard
Bourke of the 18th Septr., 1835, No. 50, and Sir Richard Bourke's
Despatch to your Lordship of the 7th June, 1837, No. 41. There
is a difference, however, in the subsequent part of the two cases,
for Mr. Henderson in 1830 entered into a new engagement with
the Australian Agricultural Company, by which he became a
second time their servant, and continued to be so until his death,
which took place in this Colony in the year 1835; whereas Mr.
Dawson never reentered their service. Whether this difference
should render the decision in Mr. Dawson's case inapplicable
to Mr. Henderson's, is I conceive the real question now for your
Lordship's decision.
By the state in which I found this case, I am led to suppose
that Sir Richard Bourke did not consider himself competent to
dispose of it without a reference to your Lordship ; and therefore
I think it my duty to forward it. I have, &c,
Geo. Gipps.
[Enclosure.]
The Memorial of James Edward Ebsworth, Lesslie Duguid,
William Croasdill and James Corlette, Executors of the late
John Henderson of Newcastle in the Colony of New South
Wales, on behalf of the Orphan Family of deceased,
To The Right Honorable Lord Glenelg, Principal Secretary of
State for the Colonies, etc., etc., etc.,
Humbly Sheweth
That, in the Month of January, 1827, the said John Hen-
derson arrived in the Colony of New South Wales under an engage-
ment with the Australian Agricultural Company as Managing
Agent of their Colliery Establishment ; That the Committee of
G-IPPS TO GLENELG. 317
Proprietors in the Colony acting for the Directors declined at that 1838.
time ro undertake the working of the Coal Mines, and Mr. Hen- i2^iarch.
derson's Services were not required. In consequence of this un- Memorial from
expected determination, the said John Henderson desired to avail executors of
himself of the inducements held out to Emigrants to settle in the J. Henderson
Colony; but, his application for a Grant of Land having been ^nTer-ant
refused by the Government, the said John Henderson embarked
with his Family for England. That the Directors of the said Com-
pany, having resolved to prosecute the working of the Coal Mines,
again engaged the deceased to carry their intentions into effect,
for which purpose he returned to the Colony. That, in the Month
of April, 1835, the said John Henderson died at Newcastle, leaving
an Orphan Family deprived of the aid which a Grant of Land
would have afforded, and to which your Memorialists most humbly
submit they are entitled under the regulations in force when Mr.
Henderson's claims were first preferred.
Your Memorialists respectfully submit that, the case being
similar to that of Mr. Robert Dawson (also an Agent in the Aus-
tralian Agricultural Company's Service), the justice of whose claim
has been admitted by the Home Government, this Orphan Family
is entitled, equally with Mr. Dawson, to a Grant of Land.
Your Memorialists, in conclusion, would briefly state the Simple
Facts upon which their Memorial is grounded, and which are
authenticated by the Records of the Colonial Government.
1st. That John Henderson did, on the 2nd September, 1828, apply
for a Grant of Land under the then existing Regulations.
2ndly. That John Henderson was prepared with ample testi-
monials of his character and of the amount of his Capital.
3dly. That, on the 29th September, 1S2S, the Colonial Secretary
Stated that he was directed by His Excellency the Governor to
inform the said John Henderson that he could not be allowed to
receive Land.
4thly. That, on this refusal, the said John Henderson proceeded
with his family to England.
5thly. That John Henderson again returned to the Colony in
April. 1830, re-engaged by the Australian Agricultural Company to
carry their original intention of working the Coal Mines into effect,
and to settle his Family in the Colony.
6thly. That Mr. Robert Dawson, having also under similar cir-
cumstances applied for a Grant of Land in 1828, was in like manner
refused, and proceeded to England, where, on representation of the
facts, the Secretary of State for the Colonies directed that a
Grant of 1,280 acres of Land should be made to him.
Your Memorialists consider it a part of their duty to submit
the foregoing claim on behalf of Mr. Henderson's Family for your
Lordship's consideration, trusting that you will award for their
benefit • a Grant of Land of similar extent to that made to Mr
Robert Dawson. And your Memorialists as in duty bound will ever
pray. J. Edward Ebs worth.
L. Duguid.
William Croasdill.
James Corlette.
Newcastle, New South Wales, 17th February, 1S3S.
318
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 March.
Allowance
for outfit and
passage for
R.C. school
teachers.
Request for
increased
allowance for
R.C. school
teachers.
Lord Glenelg to Sir George Gipps.
(Despatch No. 89, per ship Amelia Thompson.)
Sir, Downing Street, 13 March, 1838.
With reference to my Dispatch No. 51 of the 19th of
December last, I have the honor to transmit to you the Enclosed
Copy of a Letter, which I have received from the Revd. Mr.
Ullathorne and to acquaint you that, under the circumstances
therein set forth, I have consented to authorise the issue to each
of the six Roman Catholic Male Teachers proceeding to New
South Wales the same amount of allowance for Outfit and Pas-
sage, which has been granted in the Case of the Schoolmasters
selected by the Glasgow Educational Society. The four Female
Teachers will still receive the smaller allowance of £40.
I have, &c,
Glenelg.
[Enclosure.]
Revd. W. Ullathorne to Lord Glenelg.
My Lord, 51 Edgware Road, 26 February, 1838.
In my endeavor to obtain a respectable class of Catholic
Teachers, duly qualified, for the Colony of N. S. Wales, I find that
I have underrated the Actual Cost of their passage and Outfit,
especially as in some cases there is a family to be provided, and
including the expense of removal from place of residence to on
board ship, when I proposed the sum of £40 each. And, as I per-
ceive that yr. Lordship has seen no difficulty in allowing to a con-
siderable number of Teachers for the Schools of the Church of
England and of the Scottish Presbyterian Church the sum of £60
each for passage and Outfit to the same Colony, I beg leave respect-
fully to solicit your Lordship's sanction that the allowance to the
Catholic Teachers may be raised to the same amount.
As Mr. Hawksley has not yet sailed, being about to accompany
the Clergymen who depart in the Commencement of March, and,
as the £40 allowance is found inadequate to his expences, being a
married man with two Children, I beg leave respectfully to solicit
that the Allowance of £60 be also extended to that Individual.
As but a short time remains before the sailing of the vessel by
which Mr. Hawksley proceeds, may I respectfully solicit as early
a reply to my application as may be found convenient.
I am, &c,
W. Ullathorne.
Report re
female factory.
Sir George Gipps to Lord Glenelg.
(Despatch No. 38, per ship Alfred: acknowledged by
lord Glenelg, 29th June, 1838.)
My Lord, Government House, 13th March, 1838
The Female Factory at Parramatta having been pointed
out to me before I left England as an object requiring my
earliest attention, I beg to report to Your Lordship that I availed
GIPPS TO GLENELG. 319
myself of the first occasion, on which I could absent myself for 1S3S-
„, , ... 13 March.
a day from Sydney, to visit it.
On the 2nd instant, being only the seventh day from that on visit of
which I landed, I arrived at the Factory, without any previous to factory.
notice being given of my approach. In point of cleanliness, the
buildings and the women also presented a better appearance than
I expected; and, during a stay there of between two and three
hours, I witnessed nothing like violence or outrage; when I
addressed the women of each class separately, they listened to
me too with respect and attention; but, having said this, my
commendation of them or of any part of the Establishment must
end.
With the exception of a few employed in cooking, washing, or Want of
other such necessary employment, they were all in absolute idle- fo^Pin°mates.
ness. The 3rd or penal class of women were all together in a
spacious yard, surrounded with sheds or outbuildings, into and
out of which they passed freely and at their pleasure. In an-
other yard, there was a considerable heap of stones, which had
been brought there for the purpose of being broken up for the
repair of roads; but I was informed they could not be employed
on this work for want of hammers, or rather for the want of
handles to their hammers, as they destroyed them faster than
they could be supplied. The women of the 2nd class, or those
who have children under their charge, were in a separate yard,
smaller %than that of the 3rd class, but differing from it very little
in other respects. And the women of the 1st Class, or those who
are eligible for assignment, were in a third yard. In these three
yards and the sheds or outbuildings surrounding them, they all
pass their time from morning to night without any sort of occu-
pation, except when it may come to their turn to cook, to wash,
or to draw water for the Establishment.
Their sleeping rooms are distinct, and they have not access to Sleeping
them during the day. The women of the 1st and 2nd Classes ac
sleep in the main building of the Factory; those of the 3rd are
disposed of in smaller buildings, which seem to have been suc-
cessively erected, as required by their encreasing numbers.
The main building has three floors, with two large rooms on Description of
each, or six large rooms in the whole; the two lower ones are main buUdinff-
intended to be used as places of meeting for prayers or instruc-
tion; one for the women who are Protestants, the other for
Catholics; they were at the time of my visit quite empty, though
I was informed that prayers are read in them every morning,
320
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 March.
Description of
main building.
Authority for
alterations
to buildings.
Proposed
erection of
cells for
separate
confinement.
and on one day in the week (which is not however always Sun-
day) by the officiating Chaplains. The four rooms on the two
upper stories are used as dormitories for the 1st and 2nd classes.
On the boarding of each of them were about sixty mattresses and
as many blankets, but no furniture or other article whatsoever.
The mattresses when unrolled occupy somewhat more than two
thirds of the space of each floor. On three sides of each room,
there are numerous windows; but, as scarcely a pane of glass
remains in any one of them, the floors are wetted to a consider-
able distance whenever rain falls, and, if there happen to be a
drifting wind accompanying the rain, it is necessary to huddle
the mattresses together as closely as possible on the opposite side
from that by which it enters, in order to keep them dry. The
sleeping rooms of the 3rd class, though in other respects not so
good, are free from this inconvenience.
By Your Lordship's letter of the 14th Octt., 1837, No. 2r
addressed to me before I left England, I was authorized to make
such alterations in the building, as I might find absolutely neces-
sary, in order to place at least the 3rd or penal class of its inmates
in separate confinement, on the system recommended by the In-
spectors of Prisons in their second report and approved by Lord
John Russell in his circular to the Magistrates of England, dated
15th August, 1837.
The very first glance at the building convinced me, I regret
to say, that any conversion of this sort is utterly impracticable;
but, as building stone can be obtained in any quantity by only
quarrying on the spot, I hope to be able to erect a new range of
cells at very moderate cost, particularly as I can fortunately
transfer to the spot a gang of men, who have just completed
a Powder Magazine on Goat Island, and who therefore are accus-
tomed to the work both of quarrying and building. They con-
sist exclusively of men whom we are desired by orders from
England, not to assign to private service, and for whom therefore
employment must be found on Government Works.
I shall take an early opportunity of transmitting to Your Lord-
ship a report from the Colonial Engineer and Architect on the
subject of the proposed erection, which I hope will satisfy your
Lordship that, in doing what I propose, I shall not exceed the
discretionary powers, confided to me by Your Lordship's letter
above mentioned. My predecessor I find had authorized, before
he left the Colony, the erection of thirty separate cells, but for-
tunately they were not commenced when I arrived; and I shall
of course not proceed on his plan, but on that of the Prison
GLENELG TO GIPPS. 321
Inspectors. There are at present only six places of separate 1S3S.
confinement for the whole establishment, and they are so badly
placed that access can be had to their very doors by all the
women of the 1st Class, and not only can conversation be main-
tained with persons confined in them, but articles of almost any
sort may be introduced to them from without.
It is now my mortifying duty to report to your Lordship that Quarrel
Mrs. Leach and Mr. Clapham, the two persons recently sent out and steward,
from England to take charge of this Establishment, have dis-
agreed, and that I found them so much at variance that I greatly
fear it will be impossible to keep them both, or perhaps even either
of them there, with any hope of advantage to the Establishment.
Their quarrel appears to have had its origin on board ship. Mr.
Clapham accuses Mrs. Leach of various improprieties of conduct,
and Mrs. Leach retorts upon Mr. Clapham the charge of having
attempted to assume over her an authority which, I must say,
I think it was never your Lordship's intention to confer upon
him. Each of them earnestly requested me to appeal to their
fellow passengers in the ship " Bencoolen " for confirmation of
what they advanced; and this I have done, as far as it has been
in my power, but without eliciting anything conclusive in favor
either of one or the other. I have however thought it best in
the first instance to support the authority of Mrs. Leach, and I Threatened
in consequence have told Mr. Clapham that, unless he is dis- steward,
posed to acknowledge it, and cordially to cooperate with her in
the performance of his own duties, I must remove him from the
Establishment at my next visit.
I shall not fail to report fully to Your Lordship the further
proceedings, which I may find it necessary to adopt in all that
relates to the Factory. I have, &c,
Geo. Gipps.
Lord Glexelg to Sir George Gipps.
(Despatch No. 90, per ship Amelia Thompson.)
Sir, Downing Street, 14 March, 1838. u March.
I have the honor to transmit to you a copy of a letter, Transmission of
which I have received from Sir Thomas Macdougell Brisbane rg7and°m
respecting a Keserve of Land, which was directed bv Lord g™"* f°r.,_
-n. i i i r i • i • t • i Sir T. Brisbane.
Bathurst to be made tor him under certain conditions m the year
1826. I also enclose a copy of a letter from Mr. James Elliot on
the same subject, and of the reply thereto.
On referring to the Communication, which was addressed to
Lt. General Darling on this subject on the 21st August, 1826,
SEE. I. Vol. XIX— X
322
HISTOEICAL RECORDS OF AUSTRALIA.
1838. and to the enclosure to that Communication, I perceive that, in
1^1° ' consideration of the expences to which Sir Thos. Brisbane had
land^rant to*" keen exP°sed during his government of New South Wales, Lord
Sir t. Brisbane. Bathurst directed that a Grant of 10,000 acres should be as-
signed to him upon the usual conditions, subject to his sending
out at his own expense Resident Agents, and employing Capital
to the extent required by the Regulations then in force in the
Colony ; and that it was at the same time directed that a further
Grant of 10,000 Acres adjoining the other Property should be
reserved with a view to his obtaining that addition, as soon as
the first Grant should have been brought into full and successful
cultivation.
I have to request that you will give your early attention to
this claim, and adopt such measures as may appear to you, with
the advice of the Executive Council, best adapted for meeting
the justice of the case, without losing sight of the conditions on
which the Original Grant and the Reserve were directed to be
made to Sir Thomas Brisbane. I have, &c,
Glenelg.
Claim to be
considered.
Land granted
and reserved to
Sir T. Brisbane,
Inability
to obtain
possession
of reserve.
[Enclosure No. 1.]
Sir Thomas Brisbane to Lord Glenelg.
My Lord. Markustown, Kelso, 13th February, 1838.
I do myself the honor to state for your Lordship's informa-
tion that, in the year 1826 on my return from the Government of
New South Wales, Earl Bathurst, then Secretary of State for the
Colonies, was pleased (as the Despatch expressed it) in considera-
tion of the heavy expence I had been put to during my Government
of that Colony, when my Salary was only £2,400 a year, to direct
a grant of 10,000 Acres of land to be bestowed on me with a
Reserve of an equal quantity when the Grant was Stocked and
Cultivated, and having fully complied with such terms some years
ago, I laid a claim to the Reserve of 10,000, but difficulties and
obstacles have been thrown in the way to prevent my obtaining
possession.
In February of last year, I gave a power of attorney to Mr.
William Elliot from this Neighbourhood, who was going out a
Settler to the Colony, to act for me in claiming and settling the
Reserve of 10,000 Acres of Land. In a Letter received from him
under date 9th Sept., 1837, he says, " your Reserve was adjoining
to the Original Grant ; but, owing to the delay of your agents in
choosing the Reserve, all the adjoining Lands have been disposed
of by Government, so that I am afraid there will be some trouble
in settling it."
The object, I have in troubling your Lordship, is to obtain pos-
session of the 10,000 Acres in terms of Earl Bathurst's Despatch ;
and, as I am aware it might be extremely difficult and cause con-
fusion in obtaining Land that has been sold to others, I trust your
GLENELG TO GIPPS. 323
Lordship will sanction my receiving 10.000 Acres of Land in such 1838.
a Situation as shall bo selected by Mr. William Elliot and which he 14 March,
may consider equally advantageous and valuable, without inter- Request for
fering with any other. land grant
I take the liberty of stating to your Lordship.- with the view of to agent,
inducing your Lordship to accede more readily to my request, from Loss sustained
the circumstance of my having sustained a loss by my appointment as governor,
as Governor of above £5,000, the Salary was as low as I have stated
it, but that at the time of my quitting the Government it was raised
to £4.200.
Under these circumstances. I trust your Lordship will be pleased
to give my case your most favorable Consideration and accede to
my request. I bave, &c,
Thos. Makdougall Brisbane.
f Enclosure No. 2.]
Mr. James Elliot to Lord Glexelg.
52 Green St., Grosvenor Square.
My Lord, London, 9th Feby., 1838.
I have to lay before Your Lordship a situation, in which
from no fault of mine I am placed, and from which I ran the risk
not only of great personal inconvenience, but also of pecuniary loss.
I have "already one Son a settler in New South Wales, And am on
the resolution of sending out two more in the same line.
In furtherance of their Interest, I, last Year 1837, purchased Purchase by
from Sir Thomas Macdougal Brisbane a Grant of 10,000 Acres, J. Elliot of
which Government had given him while Governor of that Colony. gjj T.rBrisbane.
By the document, which Sir Thomas showed me as the foundation
of his right, it appeared, that he received a Grant of 10,000 Acres Land grant
as an original Grant upon Hunter's River, and a similar Grant of authorised.
10.000 Acres more in reserve (as soon as the original Grant was
occupied) and adjoining thereto.
Both these Grants Sir Thomas has since sold. The original Sale of lands by
Grant he sold in the 1835 (I think, but I write from memory) to Sir T. Brisbane.
Mr. Galbraith. And the Grant in reserve he sold to me in the 1837.
Mr. Galbraith is in possession of his purchase. But, upon my
sending out the documents of the transaction to my Son in order to Inability to
have my purchase transferred to my name in the Colonial Records, sain po>session
He was informed that all the Lands a<ljoi>)i)i<i to the original Grant °
had been disposed of by Government to other Proprietors, by which
means Sir Thomas Brisbane's grant in reserve was entirely defeated.
In these circumstances. I hope Your Lordship will be able to Request
afford some redress, either by implementing the grant in reserve for redress,
to Sir Thomas Brisbane or by giving a new Grant equivalent in
point of value, extent and fertility, to the one that Sir Thomas has
been deprived of. I have. &c,
Jas. Elliot.
[Enclosure No. 3.]
Sir George Grey to Mr. James Elliot.
Sir, Downing Street, 17th Feby., 1838.
I am directed by Lord Glenelg to acknowledge the receipt of Letter
your letter of the 9th Inst, respecting a Reserve of 10,000 Acres acknowledged.
in New South Wales, which you state was originally made to Sir
Thomas Brisbane and lately purchased by you from that Officer.
324
HISTORICAL RECORDS OF AUSTRALIA.
His Lordship desires ine to acquaint you that, in the absence of
any information as to the Sale of this Property by the local Gov-
ernment, it will be impossible to make any Order on the subject.
Report required Lord Glenelg will, however, write to Sir George Gipps for a
report on this case, if you should wish him to do so. In the mean
time, His Lordship presumes that you have communicated with Sir
T. Brisbane respecting it. I am, &c,
Geo. Grey.
1838.
14 March.
from
Sir G. Gipps.
Claim by
Sir G. Gipps
re salary.
Full salary
drawn by
K. Snodgrass.
Allowance to
Sir G. Gipps
for passage.
Expenses of
Sir G. Gipps.
Sir George Gipps to Lord Glenelg.
(Despatch No. 39, per ship Alfred; acknowledged by
lord Glenelg, 7th July, 1838.)
My Lord, Government House, 14th March, 1838.
It is with great regret that I, so soon after my assumption
of this Government, feel myself under the necessity of addressing
your Lordship on a subject of a personal nature.
Before I quitted England, I was given to understand at the
Colonial Office (though certainly not in a very direct or official
manner) that, in the event of my Predecessor's leaving the Colony
before I arrived in it, I should be entitled to half salary from the
day of his departure until that of my arrival; and, as this was
agreeable to what I had always understood to be the practice in
colonies of which I had any knowledge, I never doubted of the
accuracy of the information.
On my arrival here however, I find that the late Acting Gov-
ernor has on his own warrant drawn the whole of the salary;
and that he considers himself entitled to it by the wording of a
Colonial Act, No. 4 of the 2nd of Willm. 4th, of which as it is
very short I have the honor to enclose a copy. As it appears to
me scarcely probable that His late Majesty's Government, in
sanctioning this act, meant to authorize a departure from general
practice, I hope it will not be considered improper to bring it
under your Lordship's notice; but at the same time I beg to
assure you that an occurrence of this kind has not had, nor ever
can have, the slightest effect to disturb the good understanding,
that it is so essential to preserve between the officer in command
of Her Majesty's Troops and myself.
Your Lordship is aware that the only pecuniary allowance of
any sort, which I have received, from the day of my appointment
in July to that of my being sworn in here on the 24th February
last, is the sum of £800 granted as passage money, whilst my
expenses during the same period, included £527 for fees of
Commission, have exceeded £3,800; and I have still to incur a
large outlay in this Country.
GIPPS TO GLENELG. 325
In order that the case may be fully before Your Lordship, I 1S3S.
think it right to inclose copies of such Documents bearing upon
it, as the Auditor of Accounts has been enabled to furnish. By
these documents, Your Lordship will perceive that the entire Full salary
salary was undoubtedly received by Colonel Lindesay during the p[a^"dSay.
time that he administered the Government after the departure
of Sir Ralph Darling and before the arrival of Sir Richard
Bourke; but, as I do not find any trace of a reference to the
Secretary of State on that occasion, I hope I am not incorrect
in thinking that such a precedent cannot be conclusive against
my claim.
The interval between Sir Richard Bourke's departure on the Amount of
5th December and my arrival on the 24th of February is one by Sfr G.aG?pps.
of 81 days, and the amount of half salary for the time is about
£554. I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Mr. W. Lithgow to Private Secretary John Sxodgrass.
Sir, Audit Office, Sydney, 4th January, 1838.
In fulfilment of the Directions of His Excellency the Acting
•Governor conveyed to me by your letter of the 1st Instant, I have
the honor to acquaint you that I have prepared the Warrant as
directed, at the rate of the full Salary of £5,000 per annum drawn
by the late Governor Sir Richard Bourke.
I beg leave at the same time respectfully to submit that, on the Full salary
Honorable Colonel Lindesay succeeding under similar circumstances drawn by
to the temporary charge of the Government, on the retirement of ' infesay-
Lieut. General Sir Ralph Darling, I entertained some doubt whether,
as Acting Governor, the former would according to the Regulations
be considered entitled to the full rate which had been received by
Governor Darling ; and this doubt I felt it therefore my duty to
communicate to Colonel Lindesay. A copy of my letter to him on
the subject, and of his reply, I herewith take the liberty of
enclosing, and beg to State that, having no reason to think that
any objection has at any time been made to Colonel Lindesay hav-
ing drawn the full Salary of Governor, I am led to infer that,
unless otherwise specially directed by competent authority, the
Officer succeeding to a Government is considered entitled to receive
the same Salary as his immediate predecessor.
Not being however in possession of any specific Instructions on Want of
the point, 1 have considered it right to mention the doubt I for- instructions.
merly entertained, and the parallel case above referred to ; in order
that, if under an erroneous impression, I may receive the directions
of His Excellency on the subject for my future guidance.
I have, &c,
Wm. Lithgow, Audr. Gen.
326 HISTORICAL RECORDS OF AUSTRALIA.
183S. [Sub-enclosure No. 1.]
14 March.
Mr. W. Lithgow to Acting Governor Lindesay.
Sir, Audit Office, Sydney, 1st November, 1831.
Query by As tlle Salary Abstract of His Excellency the Acting Gov-
W. Lithgow re ernor and of his Establishment, which has been furnished for my
payment of examination, includes the full rates of Salary from the 21st Ultimo
pUlLinde"avSlnd of the 0ffice of Governor and Private Secretary, is due to the Acting
H. Dumaresq. Governor and to Lt. Colonel Duinaresq, who was appointed by
Government Order No. 26 of the 22nd October last, to continue
to perform the duties of Private Secretary, I considered it my duty,
in conformity with the 22nd Article of my Instructions, respect-
fully to point out to His Excellency that, by the 26th Article of the
Instructions to the Governor, dated 13th June, 1826, it is laid down
as a general principle, " that no Officer absent from his duty shall
receive more than the moiety of the Established Salary of his
appointment, and that the Person by whom the duty is performed
shall receive the other moiety " ; that, by a Letter from Earl
Bathurst dated 11th Septr., 1826, furnished for my guidance, a copy
of which is enclosed, it is also notified as a general rule that half
salary only shall be granted to Officers filling temporary appoint-
ments in His Majesty's Colonies, and the Governor is directed to
explain to the Officer, whom he may select to fill any vacant Office
in the Colony, that he is only to expect half the emoluments until
he is either confirmed or superseeded from England ; and further,,
that it has been notified to me by the Colonial Secretary's letter,
dated 9th May, 1827, that, when an Officer is unable to attend to
his duty, the Person appointed to Act is to receive half the Salary.
which is to be deducted from that of the Principal.
Entertaining some doubt from the tenor of these Regulations,
whether, until specially sanctioned by the Home Authorities, the
Acting Governor and the Officer appointed by him to perform the
duties of Private Secretary will be considered as clearly entitled
to draw the full Salary of Governor and Private Secretary, I beg
leave most respectfully to request that I may be informed whether
your Excellency is pleased, notwithstanding, to authorise the pass-
ing of the Abstract, including the full rates of Salary of the ap-
pointment alluded to. I have, &c,
Wm. Lithgow, Audr. Genl.
[Sub-enclosure No. 2.]
Acting Governor Lindesay to Mr. W. Lithgow.
Sir, Government House, Sydney, 2nd November, 1831.
Letter I have had the honor of receiving your Letter of this date
acknowledged. with its enclosures on the subject of the pay and allowances to be
issued to me as Acting Governor of this Colony and to my Private
Secretary.
Reasons for I do not> however, see anything in the Regulations to which you
payment of have pointed my attention, which is justly referable to the existing
full salaries. state of circumstances, nor do I consider they can be properly
applied to them, and for the following reasons : —
1. That I am invested with full powers, and that the entire re-
sponsibility of Governor has devolved on me.
GIPPS TO GLENELG. 327
2. That the limitation of temporary Officers to half Salaries, until 1838.
confirmed or Superseded from England, seems to relate only to 14 March.
Officers appointed by the Governor ; and cannot, therefore, be viewed Reasm^7or
as properly applicable to me, whose appointment by His Majesty payment of
to administer the Government, in. case of the absence of the Gov- full salaries,
ernor, was notified in the Proclamation of 13th July, 1829, and may
consequently be considered as having been confirmed in advance.
3. That it appears to be the spirit of the Regulations, as to the
limitation alluded to, merely to prevent the possibility of more
than the full Salary of any one Officer being drawn ; and this is
not likely to occur in the present instance, as a late Regulation
having provided for an allowance to Governors for Passage Money,
it is not probable that any Governor sent from England will be
allowed to draw half the Salary of his Office in addition.
With regard to Lieut. Colonel Dumaresq. the late Government
Order merely continues the appointment, duly sanctioned, which
he held under Governor Darling; and besides, as the nomination of
Private Secretary is left to the Governor, there is not likelihood
of any other possessing a claim to any portion of the Salary of the
Office.
I therefore have to request that the usual Warrants for the
full Salaries may be forwarded for my signature.
I have, &c,
P. Lindesay.
[Enclosure No. 2.]
[This ivas a copy of the act of council, 2 Wm. IV, No. //.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 40, per ship Jessie; acknowledged bv
lord Glenelg, 22nd August, 1838.)
My Lord, Government House, 19th March, 1838. 19 March.
I have the honor to forward herewith, for the purpose of Transmission
being- presented to Her most Gracious Majesty, an address of H.M^QuJen0
Congratulation on Her Majesty's happy accession to the Throne Victoria,
of Her Ancestors, numerously and respectably signed by the In-
habitants of Maitland, a flourishing and loyal Town in this
Colony.
The address was placed in my hands by Mr. Patrick Grant,
the Police Magistrate of the District, with a request that I would
intreat your Lordship to present it to our Most Gracious
Sovereign. I have, &c,
Geo. Gipps.
[Enclosure.]
The Loyal address of the Inhabitants of Maitland and its vicinity Address to
in the Colony of New South Wales to Her Gracious Ma- {PI* (*ue/n
• j, ir- j. • r\ (•/-, ,-r-... ■. T , , Victoria trom
jesty, Victoria, Queen of Great Britain and Ireland. inhabitants of
We. the Magistrates, Landholders, and other Inhabitants of the MaitIand-
District of Maitland in New South Wales, beg leave most respect-
fully to offer our sincere congratulations on your Majesty's ac^e?-
sion to the Throne.
328
HISTORICAL RECORDS OF AUSTRALIA.
1838.
19 March.
Address to
H.M. Queen
Victoria from
inhabitants of
Maitland.
Separated from Britain by half the Earth's circumference, and
thereby precluded from approaching your Royal person with the
tribute of our affectionate Loyalty, we are fortunately not debarred
from the gratification of conveying to your Majesty the assurance
that distance does not diminish that affection, which we owe to our
Sovereign, and that, if we are necessarily later in offering our con-
gratulations, we are not surpassed by any of our fellow-subjects
in the amount and sincerity of our Loyalty.
In the countless addresses, which have ere now poured in from
other parts of your Majesty's Dominions, language and eloquence
must be exhausted in finding expressions suited to the occasion.
Even in private life, there is an unspeakable interest in contem-
plating youthful innocence in the gentler sex, just commencing the
career of life; but, when to these considerations is added the
reflection that the destinies of a mighty Empire are intrusted to
the object of our anxious contemplation, there is assuredly no
spectacle on earth so calculated to excite our sympathies, and to
draw forth our fervent aspirations for the long continuance of a
splendid prosperity.
On subjects connected with European Policy, your Majesty can
always ascertain the hopes and expectations of your people; but,
as respects this fifth great section of the Globe, it will be more
difficult for your Majesty's Ministers to form very accurate opinions
of a Colony so remote, and to legislate for what is evidently in a
state of transition; a penal Settlement is rapidly assuming the
features of an important Country, and with its boundless extent
of fertile soil and its inexhaustible mineral treasures, a mighty
sway and a high place among the Nations must be its ultimate
destiny.
We would venture, in conclusion, to convey to your Majesty our
sense of the deep obligations, which the nation owes to your
Majesty's Illustrious parent. By the talent, judgment, and taste
displayed in your Majesty's Education, Her Royal Highness has
conferred on Great Britain benefits of the highest value, and long
may your Majesty enjoy the advantages of such example and
Council. May the brilliant prospects of your Majesty's early days
be realised in the enjoyments of advancing years ; may the storms
of adversity never reach your Royal person, and may that Sun,
which has risen so splendidly, set late and gloriously in an un-
clouded Sky!
E. C. Close.
H. Mitchell.
L. E. Theelkeld.
John Lewis.
C. V. Dowling.
J. T. Threlkeld.
T. B. Cox.
I. O. B. J. Green.
Edward Sparke, Senr.
Edward Sparke, Junr.
James Cox.
John Hill Garven.
John Mayo.
John Rogers.
Charles Nicholl.
John Wisdom.
J. Erskine.
J. W. McCurdy.
Benj. Cose.
John Coulson.
Henry Coulson.
Thomas Coulson.
Robert Coulson.
Geo. Sparke.
GIPPS TO GLENELG.
329
Alfd. Levien.
Thos. B. Humphrey.
Patrick N. Mallon.
George Mackay.
T. B. Squire.
John Charter.
T. J. Cohen.
John Cobb.
S. H. Rapsey.
Johx Serle.
L. T. Irving.
Simeon Moss.
John Kingsmill.
John Porteus.
Robert Campbell.
Sam Cohen.
W. Salmon.
David Newton.
John Galt Smith.
Wm. Ecford.
Geo. Alloyd.
H. Early.
Jno. J. Croker.
Thos. Wilkinson.
J. H. Dickinson.
Geo. Furber,
E. White.
James Norris.
J. Walker.
W. B. Wilkinson.
Wm. Sparke.
Hy. Rae.
James Necker.
John Ludwig.
Henry Hewitt.
H. Estell.
R. P. Cum ming.
John Fleming.
W. Wm, Moor,
James Richardson.
Wm. Hughes.
H. I. PlLCHER.
Edwd. Turner.
H. Geo. Lewis.
G. T. Palmer, Junr.
Frederick Bidwell.
Alexander Dodds.
Thos. Brown.
Wm. Bowen.
Richard Kelly, M.B.
James Kelly, M.B.
John Grills.
Michael Magner.
John S. Mein.
James Young.
Edwd. Biddulph. R.X.
John Thomas Baker.
E. D. Day.
C. T. H. Smith.
T. NOWLAN.
R. J. McDowell.
Chas. Tothill.
Samuel Clift.
James Hughes.
William Spering.
William Lipscomb.
Edw. Wortley Hardy.
W. B. Monies, Junr.
Thomas Dee.
Geo. Williams.
Henry Robson.
Vincent Geo. Williams.
Mich. Murphy.
John Burke.
Gr. Denshire.
George Poulten.
Henry Robert Reuben.
Peter Green.
John Callaghain.
George Jener.
Wm. Grace.
Thos. Coulson.
Henry Coulson.
Jas. Brebner.
George Bolson.
Mary Ann Lee.
J. G. Dickinson.
Geo. Wyndham.
Thomas Richardson.
William Harper.
W. H. Harper.
John Campbell.
Bourn Bussell.
G. Lloyd.
Henry James.
James Brackenrig.
John Stewart.
Stephen Ryan.
Thomas Lynch.
Nicholas Healy.
Weeks Norton.
James Wolfe.
W. Winter.
Patk. Grant.
Thomas C. Ryan.
1S3S.
19 March.
Address to
H.M. Queen
Victoria from
inhabitants of
Maitland.
330 HISTORICAL RECORDS OF AUSTRALIA.
183S. Sir George Gipps to Lord Glenelg.
20 March.
(Despatch No. 41, per ship Jessie; acknowledged by
lord Glenelg, 31st August, 1838. )
My Lord, . Government House, 20th March, 1838.
addr SSeTfi0om f -^ have the honor to transmit herewith two Addresses from
r.c. clergy. the Roman Catholic Clergy of this Territory, one of Congratula-
tion to Her Majesty the Queen on Her Accession to the Throne
of these Realms, the other of Condolence to the Queen Dowager
on the loss which she, in common with the Nation, has sustained
by the death of His late Majesty King Willm. 4th.
I have further the honor to enclose a letter, which the Right
Revd. Dr. Polding, the Catholic Bishop of the Territory, has
addressed to your Lordship, respecting the presentation of these
addresses. I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Address to The Loyal Address of the Roman Catholic Bishop and Clergy
H-M^Queen^ 0f ^ew Holland To Her Gracious Majesty Victoria, Queen
r.c. clergy. of Great Britain and Ireland.
We, the Roman Catholic Bishop and Clergy of New Holland, re-
spectfully approach the Throne of your Majesty to express our
sincere condolence in the demise of our late lamented Sovereign.
On your feelings, the bereavement presses not as a public calamity
only, but as a domestic loss. The recollection of the many virtues,
which adorned His royal character, has doubtlessly soothed those
feelings. To us it is particularly gratifying to observe that the reign
of your Majesty's predecessor has been preeminently pacific, the
dawn of a day goodly and glorious to our Country. The Sceptre
has not been laid aside for the Sword ; unsullied by the tear of the
Widow and the Orphan, its Victories have been bloodless over
ignorance and oppression; the reign of William the fourth in the
history of our Country has a glory peculiarly its own ; during its
continuance, the din of arms was hushed, and the public Energies
under the guidance of a benevolent Monarch were directed to the
cultivation of the arts, and to the enlargement of those means
which tend to encrease National prosperity and general good will.
The Almighty Dispenser of all blessings has vouchsafed to endow
your Majesty with virtuous dispositions ; these, the hand of ma-
ternal wisdom has cherished and matured. Whilst we acknow-
ledge with gratitude that He. by whom the Princes of the Earth
have power, has thus moulded and prepared the heart of your
Majesty to rule over a great and widely extended empire, W"e have
ample cause for congratulation that your Majesty ascends the
Throne at an early period of life, that under the guidance of pro-
vidence you may live long to carry into effect and full development
the measures already commenced to render your subjects united,
prosperous and happy.
May the Almighty strengthen you in His Might, by the means
best beseeming the gentleness of your Nature, to dissolve every
GIPPS TO GLENELG. 33]
obstacle that may oppose your determination to promote the well 1838.
being of your subjects, and, crowning you with length of days. 20^March.
Grant you the fulness of peace. Address to
We respectfully assure your Majesty it will be our constant h.m. Queen
study to inculcate sentiments of Loyalty and attachment to your Victoria from
Royal person; Sentiments hallowed by religion unaltered by dis- ' -cer^-
tance of place, or difference of Creed ; Sentiments, which, we con-
fide, will ever influence the opinions and conduct of the large pro-
portion of the population of this Colony under our pastoral care.
John Bede,
Bishop, V.A., New Holland and Van Diemen's Land.
John Joseph Therry. J. G. Gregory.
J. McEncroe. C. Lovat.
C. V. Bowling. J. Goold.
J. C. Sumner. J. Brady.
[Enclosure No. 2.1
The dutiful address of the Roman Catholic Bishop and Clergy Address to ,
of New Holland to Her Gracious Majesty Queen Adelaide. ^eenlowa^
We, the Roman Catholic Bishop and Clergy of New Holland, humbly from
and respectfully offer to your Majesty the assurance of our sincere RC- cler»v-
sorrow and condolence. With the deepest regret, we received the
intelligence of an event, which bereaved your Majesty of a beloved
Consort, and His people of their Sovereign. The sympathy your
Majesty has received sufficiently testifies the strong hold, the excel-
lent dispositions of our late Sovereign had obtained upon the affec-
tions of his subjects. Reverenced as their King, He was loved
as their father ; by none more reverenced and more beloved than by
the Roman Catholic Inhabitants of these Colonies.
The name of William the IV will be cherished by them and
their posterity with undying gratitude; To the enlightened and
beneficent policy, which distinguished His reign, they are indebted
for the full and perfect religious freedom it is their happiness to
enjoy.
Whilst the influence of His late Majesty's beneficence has been
felt in regions most remote, your example shed a lustre over your
Court which spread its reflection, cheering to the wise and good
throughout the Empire. Vice shrank from your presence ; virtue
and learning were distinguished by your Royal favor.
We may moreover be permitted to allude to the devotedness, the
untiring assiduity, with which you watched over the last days of
our late beloved Sovereign. In soothing pains, it is the lot even
of Royalty to endure, in rendering every comfort which could be
administered, in vain alas ! did your Majesty endeavour to satisfy
the fulness of conjugal affection ; but not in vain in our regard,
you have justly acquired an additional title to our esteem, respect
and gratitude.
We pray the Almighty may prolong your days honored and
venerated; that you may be gratified in the increase of virtue and
prosperity in a Country, which the recollection of the last few years
has inexpressibly endeared to you; And, when this expression of
our sincere sorrow and condolence from a distant land shall reach
your Majesty, if it recall the memory of the loss sustained, and un-
veil the extent of grief occasioned, may it also find your Majesty
so influenced by the motives of consolation, religion has presented
HISTORICAL RECORDS OF AUSTRALIA.
183S.
20 March.
22 March.
to your consideration, that your regret for the departed shall be
in great measure absorbed by the satisfaction derived from the
remembrance of the many virtues of our late Beloved Monarch, of
the blessings he has conferred, and the grateful homage of a loyal
and affectionate people.
John Bede,
Bishop, V.A., New Holland and V. Diemen's land.
John Joseph Therry. J. G. Gregory.
J. McEncroe. C. Lovat.
C. V. DOWLING. J. GOOLD.
J. C. Sumner. J. Brady.
Sir George Gipps to Lord Glenelg.
(Despatch No. 42, per ship Jessie; acknowledged by
lord Glenelg, 28th August, 1838. )
My Lord, Government House, 22nd March, 1838.
I have the honor to enclose herewith a letter, which
Captn. P. P. King of the Eoyal Navy has addressed to Your
Lordship, in consequence of my having communicated to him,
through my Private Secretary, the purport of your Despatch,
No. 14 of the 24th October, 1837, respecting his claim to be
placed in the Legislative Council of New South Wales. The
only observation on it, which it seems to me necessary to make,
is that I have in private conversation remarked to Captn. King
that, of the parties whom he mentions as bearing to each other
a relationship as close as that which he bears to Mr. McArthur,
two only, vizt., Mr. Close and Mr. Campbell, are each of them
unofficial, and that they were neither of them appointed to the
Council by Sir Eichard Bourke. In cases where one person is
disconnected with the Government and the other sits in virtue
of his office, the fact of their being related does not seem to me to
be of much importance. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this letter is not available.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 91, per ship Bengal Merchant.)
23 March. Sir, Downing Street, 23d March, 1838.
Her Majesty's Government have had under their con-
sideration the proposition, which you submitted prior to your
departure from this Country, for substituting two Companies of
Sappers and Miners for two Companies of the Line in the future
Military Establishment of New South Wales, with a view to
their employment in superintending the labor of Convicts work-
ing on the Eoads in the Colony.
GLENELG TO GIPPS. 333
I enclose, for your information, a copy of the correspondence 1S3S.
t . i i . i i .i ■ i • *. 23 March.
which has taken place on this subject.
Her Majesty's Government will defer their final decision on Decision
the change, which you have proposed, until the termination of
the enquiry now in progress by a Committee* of the House of
Commons into the present system of Transportation.
I have, &c,
Glexelg.
[Enclosure No. l.J
Under Secretary Stephen to Mr. K. Byham.
Sir. Downing Street, 5 Oct., 1837.
I am directed by Ld. Glenelg to transmit to you. for the con- Proposed
sideration of the Master General and Board of Ordnance, the copy e™^aloy™|nt
of a letter and its Enclosure from Sir G. Gipps. who is proceeding anfmiSrs.
as Governor to New South Wales, recommending that two Com-
panies of Sappers and Miners should be substituted for two Com-
panies of the Line in the future Military Establishment of the
Colony, with a view to their employment in superintending the
labor of Convicts working on the Roads.
Lord Glenelg requests that you will move the Board of Ordnance
to favor his Lordship with their opinion whether there will be any
objection to the employment of Sappers and Miners on this Service.
Should the M. Genl. and Board concur in Sir G. Gipps' views
on this subject. Lord Glenelg proposes to make the necessary com-
munication to the General Commanding in Chief, and to the Secre-
tary at War, for raising two additional Companies of Sappers and
Miners to be borne on the Army Estimates. I am, &c.,
Jas. Stephen.
[Enclosure No. 2.]
Mr. K. Byham to Under Secretary Stephen.
Sir. Office of Ordnance. 18 October, 1837.
Having submitted to the Master General and Board of Ord- Letter
nance yr. letter dated the 5 Inst., enclosing copy of a communica- acknowledged,
tion from Sir George Gipps. who is about to proceed to N. S. Wales
as Governor of the Colony, in which he recommends that two Com-
panies of Sappers and Miners should be substituted for two Com-
panies of Soldiers of the Line in the future Military Establishment
of the Colony with a view of their employment in the superintend-
ence of Convicts working on the Roads; with reference to which
proposition, and in the event of the M. Genl. and Board concurring
in that Officer's views on the subject. Lord Glenelg proposes to
make the necessary communication to the General Commanding in
Chief and to the Secretary at War for raising two additional Com-
panies of Sappers and Miners to be borne on the Army Estimates.
I have the honor by command of the M. Genl. and Board to opinion of
acquaint you for Lord Glenelg's information that it wd. be at vari- board of
ance with the practice usually observed for the expence of any ordnance re
portion of the Ordnance Corps to be provided for in any other than o?mppcts
their own Estimates; but, if H.M. Govt, are prepared to sanction andminere.
an increase to the extent suggested to the Corps of Sappers and
• Note 20.
334
HISTORICAL RECORDS OF AUSTRALIA.
1838.
23 March.
Opinion of
board of
ordnance re
employment
of sappers
and miners.
Miners, the M. Genl. and Board, upon a communication of such
authority, will make provision for that purpose in the Parliamen-
tary Estimate, and will use their best exertions to raise two addi-
tional Companies of Sappers and Miners for the service in question.
Some time, however, must necessarily elapse before it can be ex-
pected that even one Company could be sent out, probably fifteen
months, arising from the evident necessity of selecting good Men,
and that they should be well trained and instructed in the various
duties of the Corps. Moreover if the Companies are to be relieved
at the usual periods, it will be probably necessary to raise a third
to provide for the additional demand, unless a similar course were
adopted as in the case of the Companies raised for employment on
the Works of the Rideau Canal, in Canada, to whom Grants of
Land were given as rewards for good conduct after the Men, who
might be desirous of settling in the Country, had completed their
periods of service.
The Annual expense of the two Companies, including six Officers
of the Royal Engineers, namely a Captain and two Subalterns to
each Company, would amount to £7,120.
The measure would of course cause an increase in the Ordnance
Estimates to that amount, besides what may arise from the neces-
sity of providing for the relief of the Companies, though the latter
may perhaps be avoided by granting portions of Land to some of
the Men, as above adverted to. But the Master General and Board
do not consider that any arrangement could consistently be made
by which Men belonging to an Ordnance Corps could be borne
on the Army Estimates. I am, &c,
R. Byham.
Submission
of proposals
to treasury.
[Enclosure No. 3.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street, 14 Novr., 1837.
I am directed by Lord Glenelg to transmit to you, for the
early Consideration of the Lords of the Treasury, the enclosed
copies of a Correspondence which has taken place between his Lord-
ship and the M. General and Board of Ordnance on the subject of
the employment of two Companies of Sappers and Miners in the
Superintendence of Convicts working on the Roads in New South
Wales. Lord Glenelg concurs in the opinion expressed by Sir
George Gipps that much advantage would probably arise from such
a measure, and his Lordship proposes, with the concurrence of
the Lords Commrs., to request the M. General and Board of Ord-
nance to take the necessary measures for raising the two additional
Companies for that service without delay. In the event of this pro-
posal being acceded to, Sir George Gipps will be instructed to report
as early as possible after his arrival in New South Wales on the
practicability of effecting a corresponding reduction in the strength
of the Regiments of the Line stationed in that Colony; but, as
frequent and urgent representations have been made of the insuffi-
ciency of the Military Force stationed in N. S. Wales and V. D.
Land, Lord Glenelg does not feel himself able at once to direct the
reduction to be made. I am, &c,
James Stephen.
GLENELG TO GIPPS. 335
[Enclosure No. 4.] 1S3S.
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 17 January, 1838.
The Lords Cominrs. of H.M.'s Treasury having had under Qualified
their consideration the correspondence submitted to them by direc- ^aXrvof7
tion of H.M.'s Secretary of State for the Colonies in yr. letter of employment
24 Nov. last, respecting the substitution on the Military Establish- of sappers
ment at N. S. Wales of two Companies of Sappers and Miners for and miners.
two Companies of Infantry of the Line. I am commanded by their
Lordships to request you will state to Lord Glenelg that they
concur in the view which his Lordship has taken as to the advan-
tage which would probably result from the arrangement proposed,
especially in regard to the superintendence of the Convicts em-
ployed on the Roads or in other Colonial Works ; but my Lords can
only give their sanction for the large addition, which the charge
for the Sappers and Miners will make to the Ordnance Estimates,
upon the distinct understanding that a corresponding diminution
is effected in the number of Troops of the Line that would other-
wise be employed in X. S. Wales.
My Lords, therefore, request that his Lordship will ascertain,
on communicating further with the Military Authorities, that the
reduction of the other branch of the Establishment, to which they
have adverted, will be effected, before their Lordships give their
final sanction for the increased charge that will be placed on the
Ordnance Estimates by this addition to the numerical strength of
the Ordnance Military Corps. I am, &c.,
A. Y. Spearman.
[Enclosure No. 5.]
Under Secretary Stephen to Mr. L. Sulivan.
Sir, Downing Street, 8 March, 1838.
I am directed by Lord Glenelg to transmit to you, for the Submission of
consideration of the Secretary at War, the enclosed Copies of a proposals to
Correspondence, which has taken place between this Dept. and the ^retaryat
Board of Treasury on the subject of the employment of two Com-
panies of Sappers and Miners in the superintendence of Convicts on
the Roads and Public Works in N. S. Wales. Lord Howick will
observe that it is proposed to employ these troops in substitution
for a corresponding number of Troops of the Line ; and that the
Lords Cominrs. of the Treasury have intimated their readiness to
sanction the increased charge, which will be borne on the Ordnance
Estimates by this addition to the numerical strength of the Ord-
nance Military Corps, on the distinct understanding that a corre-
sponding diminution is effected in the number of Troops of the
Line, which would otherwise be employed in N. S. Wales. The
enclosed copy of a letter from the Secretary to the General Com-
manding in Chief states the mode, on which Lord Hill would pro-
pose to effect such reduction; and I am to request that you will
move the Secretary at War to favor Lord Glenelg with his opinion
whether there would be any objection to such an arrangement.
I am, &c,
James Stephen.
336
HISTORICAL RECORDS OF AUSTRALIA.
1838.
23 March.
Letter
acknowledged.
Inconvenience
in reduction of
companies in
line regiments.
Difficulty in
supplying
companies
of sappers
and miners.
Method for
reduction of
companies in
line regiments.
[Enclosure No. 6.]
Lord Fitzroy Somerset to Under Secretary Stephen.
Sir, Horse Guards, 5 February, 1838.
I have had the honor to receive your letter of the 24th Ulto.,
stating that it has been recommended to Ld. Glenelg by Gov-
ernor Sir George Gipps that two Companies of Sappers and Miners
shall be stationed in N. S. Wales, and that, if the proposition be
acceded to, it is proposed by H.M.'s Govt, that a corresponding
diminution should be made in the number of the Troops of the
Line, which would otherwise be stationed in the Colony, and desir-
ing that his Lordship may be informed if the General Commanding
in Chief is aware of any objection to such an arrangement.
Having laid your letter before Lord Hill, I am desired to acquaint
you that all the Regiments of the Line consist of an equal number
of Companies, ten to each Battalion, and, as the Corps stationed
in N. S. Wales and V. D. Land proceed from this country as Escorts
to Convicts and go on to India in their turn, any diminution of
the number of Companies would be attended with considerable in-
convenience; and therefore, if the recommendation in question be
adopted, the only way, in which his Lordship can suggest that a
diminution of force to the extent of two Companies cd. be effected,
would be to send the Regt, which has been longest in the Colony
on to India, when only four Companies of the relieving Regt. shall
have arrived instead of Six, as is the case at present.
Lord Hill deems it necessary, however, to observe that he appre-
hends there would be more difficulty in supplying two Companies
of Sappers and Miners for the Colony of N. S. Wales than on the
first view of the subject might be apparent. There are none avail-
able for this service at present. They must, therefore, be raised
expressly for it, a measure requiring time as well as money, and
after all it wd. be found that their maintenance wd. be attended
with more expence than an equal number of Soldiers of the Line.
Lord Hill is aware of the convenience of having Artificers. at
the Command of the Authorities of a distant Colony ; but He is at
the same time inclined to the opinion that the facility, which the
presence of Artificers affords to the erection of Works and Buildings
not infrequently leads to an outlay, which would not otherwise be
undertaken. I am, &c,
Fitzroy Somerset.
[Enclosure No. 7.]
Mr. L. Sulivan to Under Secretary Stephen.
Sir, War Office. 17 March, 183S.
I am directed to acknowledge the receipt of your letter of the
8th Instt., respecting the employment of two Companies of Sappers
and Miners in the Superintendence of Convicts on the Roads and
Public Works, and to acquaint you that, shd. such a measure be
resolved upon. Lord Howick concurs with Lord Hill in opinion
that the best mode of effecting a reduction of the number of Troops
of the Line employed in N. S. Wales will be by sending to India
the Regiment, which shall have been longest in the Colony, when
only four companies of the relieving Regiment shall have arrived
instead of Six Companies as is the Case at present.
Lord Howick, however agrees with Lord Hill in thinking
that considerable inconvenience might arise from the proposed
GLENELG TO GIPPS. 337
arrangement, and lias therefore directed me to request that you will 183s.
strongly press upon the consideration of Ld. Glenelg the propriety 23 March,
of at least deferring the adoption of the change which is in con- is~70
templation, until, on the termiuation of the enquiry now in pro- be deferred.
gress by a Committee of the House of Commons into the system
of Transportation, the Govt, and the Legislature shall have been
enabled to determine whether that system is to be maintained or
in any important particulars to be abandoned or altered.
Sir" George Gipps in his letter refers to a demand, which will be Detachment
made upon the Troops in N. S. Wales for a Detachment to accom- required in
pany Sir Gordon Bremer to the Northern Coast* ; but, as Lord norttl Australia-
Howick had not been previously informed that such a detachment
wd. be required, I am directed to request that you will furnish me
with some explanation upon this point. I am, &c.,
L. SULIVAN.
Lord Glenelg to Sir George Gipps.
(Despatch No. 92, per ship Bengal Merchant; acknowledged by
Sir George Gipps, 12th September, 1838.)
Sir, Downing Street, 24 March, 1838. -a March.
I have the honor to transmit to you the enclosed copy of Report required
a letter from the Secretary to the Treasury, and to request that re exPendl™re.
you will transmit some further explanation with regard to the
increase therein referred to in the expenses of the Convict
Establishment. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, , Treasury Chambers, 13 March, 1838.
In transmitting the Accompanying Copies of letters, addressed Query re
by the Colonial Secretary at N. S. Wales to the Principal Super- expenditure.
intendent of Convicts and to the Deputy Commissary General of
Accounts, conveying the authority of the Governor for an increase
in the expenses of the Convict Establishments in that Colony, I
am commanded by the Lords Commissrs. of H.M. Treasury to re-
quest you will submit the same to Ld. Glenelg, and will cause their
Lordships to be informed whether the arrangements therein re-
ferred to were adopted with the sanction of his Lordship.
I am, &c,
A. Y. Spearman.
[Sub-enclosure No. 1.]
Colonial Secretary Thomson to Mr. J. R. Brenan.
Sir, Colonial Secretary's Office, 8 Augt., 1S37.
Having laid before the Govr. yr. letter of the 1st Inst., I am clerks in
directed to inform you that, as it appears the Secy, of State sane- office of
tioned the employment of ten Clerks as the fixed Estabt. of yr. ^p_!rinlf"dent
office, H.E. is pleased to approve of the Continuance of that number,
one Clerk being on the Second Class, and nine on the third Class
Ser. I. Vol. XIX— Y * Note 37.
of convicts.
338
HISTORICAL RECORDS OF AUSTRALIA.
1838.
!4 March.
Salaries
authorised
tor clerks.
Allowance
for visiting:
magistrate to
female factory.
31st Deer., w
hen fu:
£
2d Class
2G0
pr. aim
3d „
185
155
140
»>
?> ?>
140
>» >>
125
>>
?J »>
125
»5
125
125
125
under the regulations, which have been recently adopted in re-
munerating the Clerks in the Offices paid from the Colonial Trea-
sury, and of which a copy has already been furnished to you.
According to the scale fixed by those Regulations, the Salaries
to be paid to your Clerks from the 1st of last month, from which
date the Regulations have been brought into operation, will be at
the undermentioned rates until the
augmentation may be applied for.
Mr. Thorn. Ryan, Clerk
„ Will. Glaister,
„ John Long Horsey,
„ Will. Redmond Belcher, „
„ Will. Edwd. Rogers,
„ John Bell,
„ Alex. Geo. Dumes, „
„ Henry Kingdom, „
„ John Ryder Flaharty, „
Vacant, „
The Clerk, who performs duty at the Bench in Hyde Park Bar-
racks, is to be considered as one of the ten clerks on the Estabt.
and to discharge office as duty as well. Mr. Flaherty has been
named to the vacancy occasioned by the resignation of Mr. Row,
and the Governor will appoint a Gentleman to that which now
exists in consequence of the retirement of Mr. Gallot.
Three Assist. Clerks as 6s. per day from 1 July will be allowed
for Indents and Registry, as long as they shall be found necessary ;
but it is hoped that you may effect the whole duty of your office
with ten efficient Clerks, of which the lowest may be in receipt of
£200 a year, and thus relieve the Dept. of the charge for the
Extra Clerks now employed. I have, &c,
E. Deas Thomson.
[Sub-enclosure No. 2.]
Colonial Secretary Thomson to Dep. Commissary-Genl. of
Accounts.
Sir, Colonial Secretary's Office, 28 July. 1837.
I am directed by the Governor to inform you that it has been
found necessary for the better Govt, of the Female Factory at
Parramatta, where the number of Women under sentence of Im-
prisonment by Colonial Courts exceeds 300, and the whole number
500, to direct the frequent attendance of the visiting Justice, and
to give him additional powers and duties, wh. it may be necessary
still farther to extend.
It is therefore fit that this augmentation of his labour, beyond
what any other Police Magistrate in a Country District is called
on to perform, slid, be suitably remunerated, and H.E. has accord-
ingly been pleased to authorize a charge on this account at the rate
of £100 a year from 1 July instant, for Duty at the Female Factory,
to be borne upon the abstract of that Establishment and paid out
of the Military Chest as a Convict Service.
I am, &c.,
E. Deas Thomson.
GIPPS TO GLENELG. 339
Sir George Gipps to Lord Glexelg. i83s.
25 March.
(Despatch No. 43, per ship Jessie; acknowledged by
lord Glenelg, 28th August, 1838.)
My Lord, Government House, 25th March, 1838.
I have the honor to forward to Your Lordship a copy of Transmission
a letter, which has been addressed to me by Mr. Macquoid, the T. Mac^oX
Sheriff of New South Wales, under date of the 15th instant, in
consequence of his office having been omitted in the Table of
Precedency, established by the Book of Regulations (page 26)
recently issued from your Lordship's office.
Since 1829, the Sheriff, in consequence of a decision given by Precedency
Sir George Murray and referred to by Mr. Macquoid, has been for shenff-
allowed to take rank next to the Members of the Legislative
Council; but I have little hesitation in saying that, if the Table
of Precedency, established by the Book referred to, is to be
enforced in New South Wales, such a position would be higher
than the one he ought to occupy, as it would place him not only
above the Colonial Secretary, unless that officer continue to be a
Member of one of the Councils, which may not always be the
case, but also even above the Judges.
The office of Sheriff may perhaps be considered one of more importance
importance in New South Wales than in any other Colony, not ^^ e of
only on account of the extent of our prisons, but also of the
greater number of criminals, who unfortunately incur the ex-
treme penalty of the law; but still I would venture to suggest
that, in the event of your Lordship's judging it proper to give Precedency
to him any particular place in the Table of Precedency, he would Pr°P°sed-
be placed sufficiently high, if he were inserted either next before
the Attorney General or next after the Archdeacon.
Your Lordship will of course understand me as proposing this
for a general Regulation, calculated to meet future alterations
and contingencies; for, in the present state of the Colony, the
Attorney General being a Member of the Legislative Council,
and there being neither a Solicitor General nor an Archdeacon,
the effect for the moment would be the same, whether he wore
placed in one situation or the other. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. T. Macquoid to Sir George Gipps.
Sir, Goderich Lodge, Sydney, 15th March. 1838.
Jour Excellency having permitted me to bring under your protesi bj
consideration in writing the substance of The conversation, which T. Macquoid
passed between 5Tour Excellency and myself regarding the Sheriffs reomissionof
rank in this Colony, I have the honor to state briefly that, when tebleof
I arrived bere in January, 1829, there being no Table of Precedence, precedence.
340
HISTORICAL RECORDS OF AUSTRALIA.
1838.
25 March.
Protest by
T. Macquoid
re omission of
sheriff from
table of
precedence.
the Officers of Government then ranked according to their Salaries;
and I found that to the Sheriff precedence was invariably given
over those Officers of the same grade of Salary as his own. About
the latter end of 1829, the first Table of Precedence,* still in force,
was received, in which no notice whatever was taken of the Sheriff.
With permission of the then Governor, Sir Ralph Darling, I
addressed a letter* to The Secretary at State, Sir George Murray,
which His Excellency was kind enough to forward. In January,
1831, I was in reply informed by the Colonial Secretary " that the
Right Honorable The Secretary of State had been pleased to signify
that the Sheriff of New South Wales was to take precedence next
after the Legislative Council."
As I did not think that this placed the Sheriff in the position as
to rank, which had been accorded to the Office as a matter of
course, and to which I thought it entitled before the Table of Pre-
cedence fixed by Sir George Murray was published in the Colony,
I addressed Lord Goderich then Secretary of State again on the
subject, and have the honor to subjoin a copy of the letter I re-
ceived from Lord Howick, The Under Secretary of State, in reply,
dated October 22nd, 1831, from which it would appear that I was
not then placed in the Executive Council only because it was not
deemed expedient to confer such an Office on a ministerial Officer
of the Supreme Court, when the Chief Justice was excluded.
In consequence of a farther representation made by me to Lord
Goderich. I was informed in May. 1833. by the late Governor, Sir
Richard Bourke, that a despatch had been received from the Secre-
tary of State on the subject of my rank, and requesting me to state to
His Excellency " the situation I would desire that my Office should
fill in the Table of Precedence," which I did ; but I was neither in-
formed of the terms of the Secretary of State's communication, nor
of Sir Richard Bourke's reply, nor have I heard anything farther
on the subject since.
I now find that a Book has lately been sent to this Government
by authority, intended for the guidance generally of the Governors
of Her Majesty's Colonies, as far as found applicable to the local
circumstances of each, and that, among other things, there is a
Table of Precedence, in which it appears that all notice of the
Sheriff is again left out.
As I feel quite assured this must have been an oversight, for I
cannot for one moment suppose that the ancient and constitutional
officer of the Crown, the High Sheriff of a Colony purely English,
which cherishes in its bosom the institutions of the Mother Country,
where he is required to perform not only all the functions, but ta
incur all the liabilities of that responsible Office over a territory of
such extent and magnitude, could be intended by Her Majesty's
Government to be entirely left out ; and therefore placed even below
the 25th grade noticed in the New Table alluded to. I respectfully
submit, if it be not Your Excellency's opinion that the Sheriff of the
Territory ought to rank next after the Puisne Judges, that at least
he ought to be fixed in point of rank not lower than The Right
Honorable The Secretary of State assigned to him. as signified in
the Colonial Secretary's letter of the 7th January, 1831, a copy of
which is subjoined.
I would in conclusion farther submit that, however little may be the
Value attached to rank in the abstract, it has been made a matter of
Note 75.
GIPPS TO GLENELG. 341
importance in this Colony by the attention paid to it by the Home i838.
Government; and it will hardly be said that, because I cannot, as 25 March.
Sheriff or Ministerial Officer of the Supreme Court, be appointed ~T~
to a seat in the Executive Council, to which I am otherwise T^Macquoid
admitted to be qualified. I am therefore to have no rank in the re omission of
Colony at all. Indeed it cannot but be a source of mortification to sheriff from
me to find, after nearly ten Years' service in so arduous an Office, precedence.
that, instead of rising in rank, I only find myself placed in a situa-
tion more uncertain than before. I have, &c.,
T. Macquoid.
Sir George Gipps to Lord Glexelg.
(Despatch No. 44, per ship Jessie; acknowledged by
lord Glenelg, 28th August, 1838).
My Lord, Government House, 27th March, 1838. 2< March.
In reply to your Lordship's Despatch, of the 19th August,
1837, No. 365, desiring information respecting Mr. Richard Linch,
who had addressed a Memorial to your Lordship, dated Sydney,
Septr. 12th, 1836, claiming a grant of land, I have the honor to Report re claim
state to your Lordship that, from documents in the Colonial ?and' grant. t0
Secretary's Office, it appears that Richard Linch arrived in New
South Wales in Sept., 1828, and that (in consequence probably
of having been the bearer of a letter from Downing Street) he
had an interview wTith General Darling, some time in the month
of January following; at this interview, it is alleged by Linch
that the Governor promised him a grant of land, but no record
of such a promise has been found.
On the 20th August, 1830, on the strength of the alleged pro-
mise, Richard Linch applied for a Town Allotment in Sydney,
but was refused on the ground that no more allotments would
be given away.
On the 11th April, 1831, he applied for a Grant of Land, saying
that, since his arrival, he had been engaged as a Dealer in the
Town of Sydney, and that he had a Capital of £550 ; but on his
letter two minutes appear, one from the Surveyor General to the
effect that there is no record of an order in his favor, and the
other from General Darling that his application " cannot he
admitted."
In August, 1831, his application was renewed, and on his letter
the following Minute appears, in the handwriting of General
Darling and signed with his initials, " No; this would be acknow-
ledging the right of every one to a Grant, who had ever made
application." I have, &c,
Geo. Gipps.
342
HISTORICAL RECORDS OF AUSTRALIA.
•2<> March.
Despatch
acknowledged.
Submission
of despatch to
T. F. Elliot.
Eeference to
treasury of
charges for
quarantine.
Report bv
T. F. Elliot
re emigrant
ship Lady
McNaghten.
Lord Glenelg to Sir George Gipps.
(Despatch No. 95, per ship Lord Lyndock.)
Sir, Downing- Street, 29 March, 1838.
I have received your Predecessor's dispatch, No. 59 of
the 7th July last, transmitting the result of the investigation
which had taken place into the causes of fever on board the
Emigrant Ship " Lady McNaghten."
I referred this dispatch to the Agent General for Emigration
for any observations which he might have to offer, and I enclose
for your information a copy of Mr. Elliot's Report.
As all the arrangements connected with the Lady McNaghten
took place previously to the appointment of the Agent General,
and as the Vessel sailed from a Port in Ireland, it has been obvi-
ously out of Mr. Elliot's power to supply any Report founded
on his own personal observation of circumstances.
It is however satisfactory to know that every measure has
since been adopted, which appears calculated to afford the best
security against the recurrence of such lamentable circumstances
as those which occurred in this instance, and I agree with
Mr. Elliot that no practical good could result from a further
prosecution of the subject.
I have referred, for the consideration of the Lords Commis-
sioners of the Treasury, Sir Richard Bourke's dispatch No. 60"
of the 7th July last on the subject of the charges incurred on
account of the Quarantine of the Lady McNaghten.
I have, &c,
Glenelg.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, London. March, 1838.
In obedience to Lord Glenelg's directions that I should peruse
the statements transmitted by the Governor of N. S. Wales of the
enquiries made in the Colony into the case of the " Lady Mc-
Naghten," Emigrant Ship, and that I should offer to his Lordship
any observations which might occur to me thereon, I beg leave to
submit the following remarks : —
The ample Reports forwarded by Sir R. Bourke render it quite
unnecessary to enter upon the details of the case. It seems more
useful that I should point out what appears to me to have been the
principal causes of the disasters in this ship, and to state how far
the practice, which now exists, seems calculated to prevent their
recurrence.
In the first place, too many persons were put on board. Their
numbers were regulated by the proportion of people to the Tonnage,
nor does it appear that even that limitation was perfectly observed
while no regard was had to the proportion to the Superficial Con-
tents of the Deck. At present, the rule is unversally enforced of
having at least fifteen feet of the latter for every adult passenger;
and it defies the possibility of over-crowding.
hip Lachi
McNaahten.
GLENELG TO GIPPS. 343
The lumbered state of the space between Decks, where the Pas- i83S.
sengers lived and slept, was another evil which is now guarded 29 March.
against. Report bv
No baggage whatever is permitted to be left there except a small T> f. Elliot
portion for the immediate personal use of the people. re emigrant
I cannot leave this part of the subject without expressing regret '
that the ship was permitted to sail in the state, in which she
appeared when she was finally visited at Cork. The responsibility
of the Officers, who were present on that ocacsion, was perhaps
not sufficiently definite, and I shd. not wish to undertake to esti-
mate the blame attaching to individuals under a system which
ceased to exist before I had any charge in the matter of Emigra-
tion. I merely notice it in passing, as a just cause of regret, that
the risk of evil having been distinctly brought to notice beforehand,
the Vessel was nevertheless sent to sea in a condition of which
the result too much tends to confirm the Complaints which were
made at the time.
Having gone to sea. great mischief arose from the wTant of
proper discipline, and of an enforcement of cleanliness and ventila-
tion. Under all these circumstances combined, it resulted that,
405 Men, Women and children having sailed in the " Lady Mc-
Naghten," there died, either on board or in Quarantine, 14 Adults
and 53 Children.
It is fair to observe that, if it had not been for the want of sys-
tem during the voyage, the other inconveniences above mentioned
wd. most probably have fallen far short of producing the unhappy
consequences that in fact ensued. The Surgeon, whose life fell a
sacrifice, seems to have been totally wanting in energy or resource
equal to his difficulties. The employment hitherto of Surgeons of
the Royal Navy in all the Emigrant ships under the service on its
present footing has afforded one powerful guarantee against a
repetition of this evil. I fear that it may be found impracticable to
command a sufficient supply of that Class of Officers for the very
active Emigration now on foot ; but it will at least be my endeavour
to insist on the two requisites in every Medical Superintendent of
some previous experience for a sea voyage, and the appearance of
an aptitude of the management of large bodies of People.
Another security in the Vessels that now sail is the existence of
a very detailed Code of Instructions for the guidance of the Sur-
geon. In the directions of the London Committee, as far as I
have had an opportunity of seeing them, there was no more than
a general recommendation of attention to the important points of
cleanliness and ventilation. In the Instructions now in use, very
minute directions are laid down as to the mode of securing these
essential Conditions.
The Ship was a very good one for the use to which she was appro-
priated. The provisions were sufficient, in quality and quantity.
The only defect seems to have been in the Medicine Chest and
Medical Comforts.
These Supplies are provided in Emigrant Ships that sail from the
River under the direction and according to the usage of the Board
of Admiralty, with some Additions suggested by Experience as
suited to the peculiar wants of Emigrants. In Vessels fitted from
the Out Ports, I am at this moment in consideration of the Estab-
lishment of some general rule on the extent of the Medicine Ohesi ;
it has hitherto been supplied under the care and at the responsi-
bility of the Naval Surgeon having charge of each particular ship.
344 HISTOEICAL EECOEDS OF AUSTEALIA.
1838.
29 March.
re emigrant
ship Lady
McNaghten.
There appears to have been only one Hospital on board the Lady
McNaghten. No Ship ever sails now without two, One for males
Report bv and the other for Females, both of them placed in the best part
T. F. Elliot of the ship.
There was a deficiency of Hospital furniture also. With respect
to this supply, the ordinary arrangements of the Board of Admiralty
have been followed under the present system in Vessels fitted from
the River. In other situations, the charge of this matter has be-
longed to the Surgeon of the Navy experienced in the Convict Ser-
vice, who have been responsible for each Ship; but now that I
believe one may expect to be deprived of the services of Officers of
that Class, I propose to establish a general rule on the present head
as well as the one above-mentioned of the Medicine Chest.
I am not aware that it would be of any advantage for me to
prosecute this subject further. I have remarked the principal
faults that seem to have produced the misfortunes in the Lady
McNaghten. I have mentioned the securities against their recur-
rence in Ships sent under the present system. I believe that there
is nothing more with which in my present position it is necessary
for me to trouble Lord Glenelg. I have, &c,
Tho. Feed. Elliot.
Sir George Gipps to Lord Glenelg.
(Despatch No. 45, per ship Jessie; acknowledged by
lord Glenelg, 28th August, 1838.)
My Lord, Government House, 29th March, 1838.
Transmission of I have the honor to forward to your Lordship a Memorial
a. Martin. from Lieutt. Alexr. Martin of the Eoyal Navy, requesting to be
allowed a Grant of land in consideration of the hardship, which
he alleges he has suffered in having been regarded a Settler of
1832 instead of one of 1829, the year in which he first arrived in
New South Wales.
Details re It is I believe quite true that Lieutt. Martin was in New South
a. Martin to Wales and applied to the local Government for a Grant of land
land grant. jn 1829; but, being informed that he could only obtain it on
condition of residing uninterruptedly in the Colony for seven
years, he determined to return to England and bring out his
family before he accepted it. In pursuance of this determination
he went to England, remained there only a few months, and
arrived a second time in the Colony on the 2nd Feby., 1832; but
the regulations with respect to half pay officers, having in the
mean time undergone alteration, he applied for and obtained in
lieu of a Grant a remission of £300 in the purchase of 640 acres
of land on the Nepean River, which were bought by him at
Auction on the 31st August, 1832. With this advantage, Lieutt.
Martin appears to have been satisfied; and it may seem that he
had reason to think himself rather fortunate than otherwise,
as, had he arrived in the Colony but three months later, he would
have received a remission of only £200 in lieu of £300. During
GIPPS TO GLENELG. 345
the five years too that intervened between 1832 and 1837, no 1838.
complaint was received by the local Government from Lieutt. 1 —
Martin; but, a Notice having been issued in the Colony on the Details re
28th June, 1837, by which persons, who had obtained primary a. Martin to
grants under the Regulations of 1826, were acknowledged entitled land ffrant'
to secondary ones, Lieutt. Martin applied to Sir Richard Bourke
to be placed on an equality with them ; and it is in consequence
of Sir Richard Bourke's having, by a Minute of the 23rd Septt.
last, refused this request, that Lieutt. Martin now appeals to
Your Lordship.
Your Lordship will observe that Lieutt. Martin did not finally
leave England with his family until the month of August, 1831,
at which time the new Land Regulations had been promulgated
from the Colonial Office for some months, though Lieutt. Martin
states that he was uninformed of the fact. I have, &c,
Geo. Gipps.
[Enclosure.]
The humble Petition of Lieut. Alexander Martin, R.N. Petition from
To the Right Honorable Lord Glenelg, etc., etc., etc., Her Majesty's soliciting
Principal Secretary of State for the Colonies. land grant.
Sheweth,
That your Lordship's petitioner arrived in the Colony in the
year 1829. under the existing Land regulations of 1826 and 1827,
with the view of Settling, leaving his wife and family in England,
intending to do so till I had obtained a Grant of Land and in some
measure prepared for their reception, and then to have proceeded
and brought them hither, your petitioner knowing it had previously
been done for such a purpose. That I did apply accordingly at the
Colonial Secretary's Office, Sydney, and was informed, if I took a
Grant of Land, I could not leave, but there would be no objection
to my having the usual maximum Grant to Lieutenants of the Royal
Navy, if I went to England and brought my family and Settled;
for that purpose I embarked for England in November. 1830. arrived
in March. 1831, and in August following again embarked with my
family, consisting of Wife and five Children, for this Colony, after
having disposed of my property, and ignorant of any alteration in
the Land regulations from a Grant to remission money, my time in
England, viz., four months, being fully taken up in arranging our
departure. That your petitioner, having at considerable expense
and trouble established himself and family of five grown up Chil-
dren in New S. Wales, only possesses One Section of Land, which
was bought dearly being run up at Auction, and had to pay (£35)
Thirty five pounds over and above the remission Money allowed ;
that your Lordship's petitioner is aware of Officers of his rank and
vi t.v little longer in the Colony, who obtained the Maximum Grant,
and Grants of Land for some of their Children. That your peti-
tioner, not having obtained Ins primary Grant as before Stated,
but leaving England on the faith of the regulations of 1826 and
L827, and the understanding when I arrived with my family I
should receive 2,560 Acres of Land, have to trust that your Lord-
ship may be pleased to grant me the benefit advertised to others,
346
HISTORICAL RECORDS OF AUSTRALIA.
1838.
29 March.
Petition from
A. Martin
soliciting
land grant.
who have not been so long in the Colony as your petitioner (the
advertisement states Seven Years, whereas I have been Nine Years)
by allowing me to Select a Grant of Land. I am induced to Solicit
this of your Lordship in Justice to myself, and for the benefit of my
family unprovided for, and from an advertisement in the Govern-
ment Gazette for Additional Grants, from the great expense I have
been at in emigrating, particularly with my property in England,
and being a Commissioner of Twenty Seven years Standing in Her
Majesty's Navy.
And, as in duty bound, your petitioner will ever pray.
Alexander Martin, Lt, R.N.
Parramatta, N. S. Wales, 20 Novr., 1837.
30 March.
Interpretation
of treaty with
Dutch
government
re reciprocal
trade.
Lord Glenelg to Sir George Gipps.
(Despatch No. 9G, per ship Lord Lyndock.)
Sir, Downing Street, 30 March, 1838.
I have the honor to transmit for your information and
guidance the enclosed copy of a correspondence relating to the
Interpretation of the Treaty with the King of the Netherlands
of 1824, which had arisen on the admission of a Dutch Vessel, the
" Courier," to entry at the Port of Sydney. I have, &c,
Glenelg.
[Enclosure No. 1.]
Mr. J. D. Hume to Under Secretary Stephen.
Office of Committee of Privy Council for Trade,
Sir, Whitehall, 29th Deer., 1837.
The Lords of the Committee of Privy Council for Trade
have directed me to request that you will draw the attention of
Lord Glenelg to the Treaty of the 17th of March, 1824, concluded
with the Dutch Government on the subject of mutual Trade with
the Possessions of the two Kingdoms in India.
Under the terms of that Treaty, the subjects of the King of the
Netherlands are permitted to trade with the British Possessions in
the " Eastern Archipelago " ; and, in virtue of this privilege, a
claim has lately been made for the admission of the Cargo of a
Dutch ship, which has entered the Port of Sydney in New South
Wales.
The Lords of this Committee are desirous of being informed,
whether Lord Glenelg is of opinion that New South Wales can be
considered to form a part of the Eastern Archipelago.
I am, &c,
J. D. Hume.
[Enclosure No. 2.]
Under Secretary Stephen to Mr. J. D. Hume.
Sir, Downing Street, 13th January, 1838.
I have received and laid before Lord Glenelg your Letter
of the 29th Ultimo respecting the Treaty of the 17th March, 1824,
concluded with the Dutch Government on the subject of mutual
Trade with the possessions of the two Kingdoms in India.
GLENELG TO GIPPS. 34 T
I am directed by his Lordship to request that you will observe to 1838.
the Lords of the Committee of Privy Council for Trade that, ou 30 March,
referring to that Treaty, it appears to him that the term " Eastern interpretation
Archipelago," as there employed, cannot be construed to extend to of treaty with
New South Wales. £ve?nment
The word " Archipelago.'* whether regard be had to its derivation re reciprocal
or to its historical or popular use, cannot, in Lord Glenelg's opinion. trade-
be considered as extending to the great Southern Ocean by which
the Eastern. Southern and Western Shores of New Holland are
surrounded.
The expression, as it occurs in the first article, is plainly limited
to Territories or rather to the Sea surrounding Territories in which
both the British and the Dutch Governments had Possessions. Now
the Dutch Government had not, as Lord Glenelg conceives, any
possessions in New Holland at the date of the Treaty in question.
New Holland, therefore, could not have been in the contemplation
of the contracting parties.
The expression, moreover, as it again occurs in the 4th Article
is plainly limited to Countries, of which the Natives were engaged
in Commerce with the Subjects of the two Governments, an expres-
sion entirely inapplicable to the uncivilized Inhabitants of New
Holland, with whom no commercial relations have ever subsisted
with any Foreign Power whatever.
It moreover appears to his Lordship that the whole scope and
design of the Treaty was manifestly to regulate the commercial
intercourse of the two Nations with India and Ceylon and with the
extensive groupe of Islands lying between Sumatra to the North
and New Holland to the South, which are all embraced within the
comparatively narrow sea. which both in the popular and in the
exact use of geographical language is usually called the Eastern
Archipelago. I have, &c.
Jas. Stephen,
[Enclosure No. 3.]
Mr. F. Baring to Under Secretary Stephex.
Sir, Treasury Chambers, 29th March. 1S3S.
I am commanded by the Lords Commissioners of Her Ma-
jesty's Treasury to request that you will state to Lord Glenelg that
my Lords are apprized by a communication from the Lords of the
Committee of Privy Council for Trade of the opinion entertained
by Lord Glenelg with respect to a question, relating to the inter-
pretation of the Treaty with the King of the Netherlands of 1824.
which had arisen on the admission of a Dutch Vessel, the " Courier."
to entry at the Port of Sydney. New South Wales: and that my
Lords, having ascertained that Viscount Palmerston concurred in
that opinion, have directed the Board of Customs to convey in-
structions in conformity therewith to the Officers of their Depart-
ment in the Australian Settlements for their guidance, in the event
of the recurrence of any application for the entry of Vessels under
circumstances similar to those of the "Courier." I am, &c,
F. Baring.
1838.
31 March.
HISTORICAL RECORDS OF AUSTRALIA.
Lord Glenelg to Sir George Gipps.
(Despatch No. 97, per ship Lord Lyndock.)
Sir, Downing Street, 31st March, 1838.
I have the honour to acquaint you that the undermen-
tioned Gentlemen having been recommended to me by the So-
ciety for the Propagation of the Gospel as qualified to fill the
office of Chaplains at New South Wales, and having been ap-
proved by the Bishop of London, I have accordingly given my
sanction to their appointment.
The Kevd. E. A. Dicken; The Revd. C. F. Brigstocke; The
Revd. W. L. Gibbon.
The three appointments now made will, it appears, complete
the number of Clergymen, which the Society undertook to assist
in sending out to New South Wales.
These Gentlemen will receive the usual allowance of £150 on
account of their outfit and Passage.
The Revd. W. L. Gibbon is reported to be at present engaged
in connection with the Society in Bermuda, and he will in all
probability proceed direct from thence to Sydney.
I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 46, per ship Jessie; acknowledged by
lord Glenelg, 29th August, 1838.)
My Lord, Government House, 31st March, 1838.
I have the honor herewith to forward a letter, which had
been addressed to your Lordship by Mr. Allan Park, setting forth
his claim to an additional grant of land under the Regulations
of 1826 and 1827, although, by his own confession, he came to the
Colony on the faith of the Land Regulations of 1824, which held
out no promise of such an additional grant, though they did
prescribe certain conditions, without the fulfilment of which
a second was positively to be refused.
Your Lordship is well aware that all claims, similar to the one
now put forward by Mr. Allan Park, have in this Colony since
1831 been uniformly refused, and that to allow of them would
be quite contrary to the Instructions, contained in your Lord-
ship's Despatch, No. 180 of the 31st July, 1836, and of that to the
Lieutt. Governor of Van Diemen's Land of the same date, which
expressly required proof in every case to be furnished by the
Claimant that he left England on the faith of the Regulations
of 1826 and 1827, before any additional grant could be allowed.
GIPPS TO GLENELG. 349
It is scarcely necessary for me to add that I forward Mr. Allan 1838.
Park's letter simply because it comes to me in the form that is
prescribed for such communications, and that therefore I should
not feel justified in suppressing it. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. A. Park to Secretary of State.
Lewin's Brook, Paterson,
My Lord, New South Wales, 10th February, 1838.
The Colonial Government of New South Wales having Claim by
declined entertaining the claims of Individuals to additional Grants ad<miona?
of Land, who emigrated to this Colony on the faith of the Land land grant.
Regulations established in November. 1824, by the Right Honorable
the Secretary of State for the Colonies, without first referring the
same for the decision of your Lordship, I do myself the honour to
submit my Case; for your Lordship's consideration, and beg to call
your attention to the undermentioned Clauses, viz. : Nos. 17, 18, 19
and 20 of said Regulations, by which your Lordship will perceive
that I have legitimate claims for bringing my Application before
your Lordship.
Anticipating, from your Lordship's known character for impar-
tiality, a decision that will be favourable to the Interests of
Your Lordship's most obedient humble Servant,
Alexr. Park.
[Sub-enclosure No. 1.]
Clause 17.
Every Grantee without purchase must, at the expiration of the Regulations
before mentioned term of Seven Years, prove to the Satisfaction of j?uv0tjj? {f
the Surveyor General that he has expended in the Cultivation and ciaim.
improvement of his Land a Capital equal to half its value, as that
Value was estimated at the time of his Grant; on failure of such
proof the Land will be forfeited to the Crown.
Clause 18.
No additional Grant of Land will be made to any person, who has
not proved as last mentioned the necessary Expenditure of Capital
on the Lands already Granted to him.
Clause 19.
Persons receiving a Second Grant of Land without purchase will
become liable to pay a quit rent upon the Lands comprised in such
second Grant, immediately from the date of it.
Clause 20.
Persons desirous to receive Grants of Land without purchase, on
(cnns different from those above stated, must lay before the
Secretary of State a full explanation in writing of the circum-
stances, which they may conceive to exempt them from the fair
operation of these General Rules.
350
HISTORICAL RECORDS OF AUSTRALIA.
IS33.
31 March.
Improvements
by A. Park on
land grant.
[Sub-enclosure No. 2.]
Schedule of Improvements made on primary Grant of 2,560 Acres
of Land granted to Alexander Park, by General Sir Ralph
Darling, iu November, 1826.
£ s. d.
Dwelling House 400 0 0
Granary 300 0 0
Barn 140 0 0
Kitchen 50 0 0
Substantial Stockyard, 12 divisions 40 0 0
130 Acres tillage @ £3 per acre 390 0 0
Garden and Orchard as follow : —
2 Acres Apple Orchard, cleared and stumped @ £70 per
acre 140 0 0
3 Acres Orangery, cleared, stumped and trenched @
£100 per Acre '. 300 0 0
2 Acres Vineyard cleared, stumped, etc., @ £100 per
Acre 200 0 0
Garden and Orchard 3 Acres cleared, Stumped and trenched
@ £80 per Acre 240 0 0
3,500 Rods of 3 rail fence at 3s. 6d 612 0 0
500 Head of Horned Cattle at £3 per Head 1,500 0 0
10 Horses at £30 per Head 300 0 0
2,000 Sheep at £l per Head 2,000 0 0
Money and Merchandise 1,500 0 0
Landed Estates, Consisting of 6,464 Acres of Land purchased
from the Crown and valued at £1 per Acre 6,464 0 0
£11,764 0 0
Alexr. Park.
2 April.
Transmission
of memorial
of C. Prout.
Statement
re claim of
C. Prout to
land grant.
Sir George Gipps to Lord Glenelg.
(Despatch No. 47, per ship Jessie; acknowledged by
lord Glenelg, 24th August, 1838. )
My Lord, Government House, 2nd April, 1838.
I have the honor to forward herewith a Memorial which
has been addressed to Your Lordship by Mr. Cornelius Prout,
whose case is as follows: —
Mr. Prout arrived in this Colony at the end of 1826 in H.M.
Ship " Warspite," holding the situation of Admiralty Clerk.
On the 1st Jany., 1827, Mr. Prout entered the office of the
Colonial Secretary, where he remained until Jany., 1829, when
he was appointed Under Sheriff, and this office he held 'till 1832
or 1833.
On the 12th Jany., 1827, Mr. Prout applied for a Grant of land,
but was refused on the ground that neither by his past services
nor by the nature of the employment he then held was he entitled
to it.
On the 8th April, 1828, he applied for a Town allotment in
Elizabeth Street, Sydney, but was refused, and the ground, he
asked for, was subsequently given to the Clerk of the Parish of
Saint James'.
On the 30th May, 1829, he applied for an allotment elsewhere,
on which General Darling made a Minute in the following
words : — " It is unnecessary to refer any applications to me for
GIPPS TO GLENELG. 351
land from persons employed by Government. You had better 1S3S.
prepare a general answer to be returned to all such Applicants." _£!! ■
Finally, on the 18th Jany., 1832, Mr. Prout renewed his applica- %%gj£%t
tion, but, as the new Eegulations had then come into force, he c. Prout to
was informed by Sir Eichard Bourke that his request could not
be complied with.
Your Lordship will therefore observe that no kind of promise
was ever made to Mr. Prout, and that he claims now merely on
the fact of his having been in the employment of Government
from 1827 to 1833. I have, &c,
[Enclosure.] Geo. Gipps.
The Humble Memorial of Cornelius Prout, of Belle Ombre, Memorial from
Cook's Eiver, in the County of Cumberland, and Colony of soliciting
New South Wales, an Emigrant Settler, land srant-
To The Right Honorable Her Majesty's Principal Secretary of
State for the Colonial Department, etc., etc., etc.,
Humbly sheweth,
That your Memorialist served as Clerk in His Majesty's
Navy, from the year 1812 to the year 1826, as is more fully set
forth in his Memorial to The Right Honorable the Lords Commis-
sioners of the Admiralty, copy whereof is hereunto subjoined.
2. That your Memorialist arrived in the Colony aforesaid in the
year 1826, on board His Majesty's ship Warspite, of which ship he
was admiralty Clerk.
3. That, for the reasons mentioned in his aforesaid Memorial to
the Lords of the Admiralty, your Memorialist obtained his dis-
charge from the Warspite on the 1st January, 1827, for the purpose
of becoming a permanent Settler in the said Colony.
4. That, at the time of his said discharge, your Memorialist was
possessed of an available Capital to the amount of about Two thou-
sand pounds (£2,000), the whole of which he intended to invest in
agricultural or grazing pursuits within the said Colony.
5. That, for the purpose of making himself the better acquainted
with the customs and resources of the Colony, your Memorialist
accepted an appointment from the Colonial Government, not doubt-
ing that he would in due time receive a Grant Of Land propor-
tioned to his capital.
6. That, on your Memorialist applying to General Darling for
his land to be held as a Reserve until he should quit the Govern-
ment service, which was at that time the established usage. His
Excellency desired him through the medium of Alexander McLeay,
Esqr. (the Colonial Secretary), to wait awhile, but promising
thereafter to give the most favorable consideration to your Me-
morialist's claims.
7. That, when the new Regulations of 1831 abolishing the system
of granting Crown Lands within the Colony otherwise than by sale,
came into operation, your Memorialist, in common with the Colo-
nists generally, understood that it. was intended that all outstanding
Claims to free Grants should be thereby barred and extinguished
for ever; nor was it until his attention was called to the Govern-
ment Notice of the 27th June last, on the subject of •'Additional
Grants," that your Memorialist became aware that it never was
352
HISTORICAL RECORDS OF AUSTRALIA.
1838.
2 April.
Memorial from
C. Prout
soliciting
land grant.
Memorial from
C. Prout
soliciting
promotion
as purser.
contemplated by His late Majesty's Government that the said Regu-
lations should prejudice claims growing out of the previous system.
8. That your Memorialist is now possessed of a capital, immedi-
ately available for agricultural or grazing purposes within the
Colony, to the amount of about three thousand Pounds and up-
wards.
Wherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises into your most favorable con-
sideration, and instruct His Excellency the Governor of New South
Wales to make any enquiry into the truth of the foregoing state-
ment, which to your Lordship may seem proper, with a view to
your Memorialist's receiving the Grant of Land to which he was
entitled by his capital under the Regulations of 1827.
And your Memorialist as in duty bound, will ever pray, etc., etc.,
Corns. Prout.
Belle Ombre, Cook's River, New South Wales, 28th February,
1838.
[Sub-enclosure.]
The Humble Memorial of Cornelius Prout.
To The Right Honorable, the Lords Commissioners for executing
the Office of Lord High Admiral of Great Britain, etc., etc., etc.
Most respectfully sheweth,
That Memorialist joined His Majesty's Navy on the 18 day
of December, 1812, as a Clerk in the Office of Rear Admiral Lingee,
proceeding with the Admiral, and continued in the Ships named
in the margin* until 12 September, 1814, when Rear Admiral Pen-
rose (with whom Memorialist was then serving as Secretary's
Clerk) struck his Flag on board His Majesty's Ship Porcupine on
his return from the North Coast of Spain, at which time Me-
morialist according to usage would have been promoted to the rank
of Purser, but, in consequence of the Order in Council of July
previous, an entire stop was put to the promotion of Clerks in His
Majesty's Navy.
That Memorialist, soon after quitting His Majesty's Ship Porcu-
pine, was taken ill with a violent Scorbutic affection, the effect of
salt diet, which rendered him for nearly eighteen months incap-
able of service, and on his recovery, from the circumstance of very
many Clerks being out of Ships by the reduction of the Peace, Me-
morialist was unable to procure employment until the 1st August,
1818, at which period he joined his Majesty's Ship " Cyrene ,r
(1 August, 1818, to 14 Feby., 1822) ; " Ariadne" (12 April, 1822, to
21 October, 1824) ; "Andromache" (22 October, 1824, to 3 Septr.,
1825).
That your Memorialist passed his examination for a Purser in
St. George's Harbour, Bermuda, on board His Majesty's Ship " Bel-
lette " before Captain Henry Forbes of His Majesty's Sloop Grass-
hopper, and Pursers Thomas Cox, James Nanifold and Thomas
Mends on the 23rd March, 1819.
That Memorialist, on the 19 August, 1825, was appointed by your
Lordships Supernumerary Clerk of His Majesty's Ship Warspite
in which Ship he proceeded to India, and from thence to the Colony
* Marginal note. — His Majesty's Ships " San Juan," 18 Dec, 1812, to the
11 March, 1813; " Comus," 12 March, 1813, to 7 July, 1813; "Savage," 25 July
to 14 Septr., 1813 ; " Juniper," 23 Dec, 1813, to 2 April, 1814 ; " Porcupine,"
3 April, 1814, to 12 Septr., 1814.
GLENELG TO GIPPS. 358
of New South Wales, at which latter place his Commander, Comma- i838.
dore Sir James Brisbane, K.C.B., died, owing to which lamentable 2 April.
occurrence. Memorialist, although but a short period under the com- }remo~i~from
iiiand of Sir James, lost a friend and patron; this circumstance, c. prout
combined with many years service without promotion, and the soliciting
existence of the order in Council of July, 1814, left Memorialist promotion
without hopes of advancement in the service, when Memorialist as pur
obtained his discharge on the 1st January, 1827.
That Memorialist on quitting the Naval Service was immedi-
ately employed in the Colonial Secretary's Office, and continued
there until the 13th January, 1829, when His Excellency Governor
Darling was pleased to approve of Memorialist's appointment to
the situation of Under Sheriff of New South Wales, which capacity,
with that of acting Marshal of the Court of Vice Admiralty, Me-
morialist holds to this day. Thus has nearly Nineteen years of
Memorialist's life been spent in the service of his Country, fourteen
in His Majesty's Navy, and five years in the civil service of this
Colony.
Memorialist now most humbly and respectfully prays that. His
Majesty having been graciously pleased to withdraw the restric-
tions existing against promotion during the long period of Me-
morialist's services, your Lordships would now suffer Memorialist
to hope for the boon of promotion to the rank of Purser in His
Majesty's Navy.
And for such mark of your Lordship's favour Memorialist will
in duty be ever bound to pray. Corxelius Prout.
Sydney, New South Wales. 13 October. 1831.
The Prayer of this Memorial is recommended to the favorable con-
sideration of their Lordships by
Ra. Darling, Govr. in Chief.
Pat. Lindsay, Ag. Govr.
Alexr. McLeay, Colonial Secretary.
Francis Forbes.
Chief Justice and Judge V. Admy. Court.
T. Macquoid, Sheriff.
Lord Glenelg to Sir George Gipps.
(Despatch No. 98, per ship John Renwick.)
Sir, Downing Street, 3 April, 1838. 3 April.
I have received Sir Richard Bourke's dispatches of the Despatches
13th June last, No. 43, and of the 11th September, NTo. 88, on acknowledged.
the subject of the Settlement at Port Philip.
I have read with much satisfaction the report, which those dis-
patches contain of the rapid progress of the new Settlement.
I have submitted for the consideration of the Lord Commis-
sioners of the Treasury the appointments and the rates of
Salaries which you propose.
The circumstances of the Settlement fully justify the appoint- commandant
incut of a permanent Commandant, and I shall take an early *? portPPnii?d
opportunity of signifying Her Majesty's selection of an officer
qualified to till that appointment.
Ser. [. Vol. XIX— z
354
HISTORICAL RECORDS OF AUSTRALIA.
1838.
3 April.
Salary for
commandant.
Approval of
additional
puisne judge.
Appointments
approved.
Approval of
Bourke as
name for
district.
Proposals
submitted
to treasury.
Adverting to the special authority which it is proposed to
delegate to the Commandant, Her Majesty's Government do not
object to sanction the allowance of £800 per annum, which your
Predecessor has recommended for the Officer, who may be selected
for that command in lieu of all allowances for lodging, fuel,
light and rations.
Her Majesty's Government also approve of the appointment of
an additional Puisne Judge to the Judicial Establishment of
your Government, with a view to the holding Assizes at that
remote District, as well as to provide for an increased efficiency
in the Bench.
The other appointments recommended by Sir Richard Bourke
are also approved, including those in the District of Geelong.
I have satisfaction in conveying to you Her Majesty's com-
pliance with the desire of the Residents in that portion of the
Colony that it should bear the name of Your Predecessor under
whose Government the Settlement was established.
I have submitted for the consideration of the Lords Commis-
sioners of the Treasury the proposal, contained in Sir Richard
Bourke's dispatch ISTo. 45 of the 15th June last, for the estab-
lishment of a Government Steam Vessel to keep up communica-
tion with the out-stations; and also that, in his dispatch No. 91
of the 14th Septr. for the appointment of a Treasurer and Col-
lector at Port Philip. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 48, per ship Jessie.)
My Lord, Government House, 3rd April, 1838.
Transmission I have the honor to transmit herewith a Copy of the
of ^Hammond, Notes taken by the Chief Justice of this Colony at the trial of
Henry Hammond, alias Henry Fleming, who was acquitted on a
charge of cutting and stabbing a girl named Jane Boyle with
a razor on the ground of insanity ; and I have, in conformity with
the Act of 39th and 40th Geo. 3rd, Cap. 94, Sec. 1, to request
that I may be honored with Her Majesty's commands, as to the
way in which he shall be disposed of.
Confinement Until Her Majesty's pleasure shall be signified, I have caused
ci ■ h. Hammond j,j t ^ ioaveci jn the Lunatic Asylum of this Colony; and I
as criminal ° "
lunatic. would venture to suggest that he should be confined there, or
placed under private treatment during the continuance of his
malady, at the discretion of the Governor. I have, &c,
Geo. Gipps.
G1PPS TO GLENELG. 355
[Enclosure.] 1838.
3 April.
Report of the case of The Queen v. Heavy Hammond, alias
Fleming, tried before James Dowling, Esquire, Chief Justice j.i^wiing
of New South Wales, at a Criminal Session of the Supreme g trial of
Court, holden at Sydney on the 6th February, 1838.
The information charged the prisoner in the first count with
maliciously cutting Jane Boyjes with a razor on the left side of the
neck, at Bathurst Plains on the 27th November, 1837, with intent
to disfigure her. The second count laid the intent to do her some
grievous bodily harm.
The Attorney General conducted the prosecution.
The following witnesses were examined : —
Thomas Young. I am a Carpenter living at Bathurst. I knew
prisoner. He was a school-master. He was a teacher in Dr. Fitz-
simmon's school. A little girl of Mr. Boyles, between three or four
years old, went to the school. He is a publican at Bathurst. In
November, I saw the prisoner come up to the child and do some-
thing to her, which I did not see. I was ten or twelve rods off.
He caught the child by the head and chin, but I did not see wThat he
was doing. He was by the road side, about two in the afternoon,
opposite the school house. The child was playing with another.
The prisoner ran away and left the child, and the child made to
the school house, and they all ran away and said the child's throat
was cut. 1 made after the prisoner, and brought him back. Two
or three hours afterwards, I saw the child at Mr. Boyle's house.
There was a cut across its throat. It was then dressed. The dress-
ing part appeared to be about 3 inches and a half in length. It
was the lower part of the neck, straight across. The neighbours
searched prisoner in my presence, and found a razor and a penknife
about him. There was no blood on either. He did not say any-
thing. He did not resist. I had known him for a fortnight. He
did not appear any way wrong in his senses. On hearing them
say the child's throat was cut, I ran after him. He caught the
child by the hind part of the head. The school broke up at
twelve. The prisoner was sober.
Cross-examined. The man who assisted me wanted to let the
prisoner go. The man called himself Iiumbold. He was not quite
sober. There was no blood on prisoner's clothes ; he was running
when I followed him. He was alone. Kumbold was not nigh the
child.
Geobge Tool. I am a Cooper at Bathurst. I recollect the
27 th November. I recollect a child named Jane Boyles. I saw the
prisoner passing up and down frequently before my door on that
morning. I saw him make over to the child, who was coining down
from her father's house to school. I saw him stoop down, as I
thought, to kiss the child. I heard the child scream, and I saw the
prisoner run away. I ran into the school. The child came across,
and Mr. Fitzsimmons said, at the time, that old Fleming had cut
the child's throat. I saw the cut; bleeding across the throat, about
an inch and a half in length. It did not bleed hard at the time.
The child was taken away. I went to look after the man. It bled
a good deal afterwards. 1 saw the two men bring him back. I
saw him searched, and a razor and an old knife found. 1 have
known him ten weeks. I have frequently seen him before this.
356
HISTORICAL RECORDS OF AUSTRALIA.
1833.
3 April.
Report by
J. Dowling
n trial of
H. Hammond.
I never saw anything in his conduct to lead ine to suppose he was
of unsound mind. That morning I saw him making faces, opening
his mouth, and drawing his breath very hard. He had lost his
situation four days before for being drunk, but Fitzsimmons said
he might stop there till he got another situation; but there he
should not stop. That was the only thing I thought had affected his
mind. About ten minutes before this, it appeared to me that he
was greatly out of his senses. I do not know of his quarrels with
the child. The skin was cut through. The wound was the eighth
of an inch in depth at the least across. I saw her walking about in
three days afterwards. The Surgeon's Certificate was as follows : —
" The wound was not dangerous ; it is now nearly healed ; the skin
was divided."
The case for the prosecution closed.
The prisoner in his defence said, he had no malicious intention
towards the child.
The following witnesses were called in his behalf : —
Walter Street, a farmer at the White Rock. I have known
prisoner about twTelve months. I had some nephews, who went to
his school when he kept one. I always considered him a kind
hearted man ; he had fourteen or fifteen scholars. I never heard of
his being cruel to the children. He had been clerk to the Reverend
Mr. Keen. At that time, I always considered him a person of
sound mind. I sent my Nephews to his school on account of his
good character.
Mr. Cooper came up and took his school, and the farm. The
prisoner was renting a small allotment of Goldsby. He is nearly
fifty.
George Tool. I had three of my children going to this school
of Fitzsimmons'. I considered him a very kind hearted man, and
it was said he was more kind to this child than any in the room.
I cannot conceive it possible he could have any bad motive to this
child. The children were going to school. The child could speak.
I never heard of any act of cruelty towards the children.
The Jury found the prisoner Not Guilty on the ground of in-
sanity at the time the offence was committed.
The prisoner was remanded to close custody in pursuance of the
Statute 39th and 40th Geo. 3, C. 94, S. 1, until the pleasure of Her
Majesty should be made known. James Dowling,
Sydney, 20th March. 183S. Chief Justice.
5 April.
Correspondence
re changes in
office of agent
general.
Lord Glexelg to Sir George Gipps.
(Despatch No. 99, per ship John Renwick.)
Sir, Downing Street, 5th April, 1838.
I have the honor to transmit, for your information, the
enclosed copies of a correspondence, which has taken place be-
tween this Department and the Board of Treasury, shewing the
arrangement which has been made for apportioning the charges
attending the Office of the Agent General for Emigration.
I have, &c,
Glenelg.
GLENELG TO GIPPS. 357
[Enclosure No. 1.] 1838.
5 April.
Under Secretary Stephen to Mr. F. Baring.
Sir, Downing Street, 2 March, 183S.
I am directed by Lord Glenelg to transmit to you herewith, Submission of
for the consideration of the Lords Commrs. of the Treasury, the estimates for
enclosed Estimate of the Expenses of Emigration Agents for the a™1^1011
Year ending the 31 March, 1839. s '
You will observe that, in pursuance of the measure proposed in
my letter of the 2Sth Octr., and agreed to in the Communication
I received from you dated the loth Deer, last, there appears on this
estimate an annual Increase of £208 5s. for the Salary of a resident
Agent at Londonderry, together with an Additional Sum for the pre-
sent Year only of £52 Is. 3d. on account of one quarter's Arrears
of Salary from the creation of the Appointment on the 31st January
to the 3lst of March, 1838.
There likewise appears for this year only, and in conformity with
the principle consented to in your letter of the 1st January, 1838,
a charge of £270 for the repairs and furniture of an office assigned
to the Agent Genl. for Emigration. The amount mentioned, when
last Lord Glenelg was in communication with the Lords of the
Treasury on this subject, was £240; but. in consequence of more
room being required than was expected, the small addition in-
cluded in the above Estimate has been found unavoidable.
The time has now arrived when it seems desirable to settle the Necessity for
Charges on the Parliamentary Estimate for the Establishment of decision re
the Agent General. SS^e-t
Last Year a vote of £300 was taken on account of his Salary, but of agent
without any provision for Clerks or Messengers or the necessary general for
Contingencies of a separate Office Established in a separate build- emigra lon-
ing. All expenses of that nature were left, for the time, to be
defrayed out of the Land Revenue of those Colonies, to which it
wras supposed that the services of the Dept. wd. chiefly be devoted.
There is now, however, sufficient experience to judge what por-
tion of the charge it will be equitable to lay on the funds, which
form the subject of an application to Parliament.
Eleven Officers are stationed at the Principal Ports of the United
Kingdom for the protection of all Emigrants to any of the British
Colonies or to the United States. The whole business of corre- Functions of
sponding with and superintending this Estabt. belongs to the Agent agent general.
General, involving points of considerable importance as Connected
with the enforcement of the Passengers Act,* and other practical
questions on which it is his duty either to furnish advice or to
give directions.
In regard to any matter of peculiar importance in relation to
Emigration that may be brought under the consideration of H.M.
Govt., such for example as the question last year of its applica-
bility to the relief of the distress in the Highlands, this officer is
expected to be competent to make a Report calculated to assist the
final decision.
All these are functions evidently appertaining to the duties of
I lie General Government of this Country.
Again, as regards the Emigration to New S. Wales and V. D.
Land, it may be stated that it is now proceeding at tbe rate of
* Note 3.
358
HISTORICAL RECORDS OF AUSTRALIA.
1838.
5 April.
Annual
emigration
to colonies.
Advantage of
emigration to
colonies and
Great Britain.
Charges
proposed on
British
treasury.
Expenditure
to be borne by
colonial funds.
Salary for
assistant to
agent general.
from 16 to 17 Ships per Annum, containing 5.000 Souls, and thai
the Shi] is so going out are engaged and fitted, and the passengers
in them selected, under the general direction and responsibility
of the Agent General; by whom also all their Accounts, so far as
made up in this Country, have been examined, and all the payments
made at his recommendation.
This business of collecting and sending out .".000 people and
10 or 17 Ships per annum is not an exclusively Australian Service,
It is just that the greater part should be charged on the funds of
the Colony; but the Mother Country, which at any rate might per-
haps be deemed to have its own share of the duty, has also its own
direct and immediate share in the benefit. For in the conduct of
the Emigration to Australia every opportunity has been taken (and
some have occurred of considerable importance) to render it as far
as possible subservient to the relief of distressed districts at Home.
On a review of these circumstances. Lord Glenelg thinks that a
Salary of £."00 for the Agent General should be borne upon the
Parliamentary Estimate, and of £200 for an Assistant to him, and
that for the miscellaneous expences of Copyists, Messengers, and
the Contingencies of an office, there shd. be allowed £300 making a
total charge on the Estimate of £1.000 per annum for the mainten-
ance of the Central Establishment for Emigration.
Lord Glenelg proposes that the Excess of Expenditure requisite
beyond this amount should be defrayed out of the Land Revenues
of the Australian Colonies in pursuance of the plan already in
force. It is necessary, however, to add one or two observations
on this subject. The Agent General's Salary has been fixed, as yoi
are aware, at £S0O, to increase at the rate of £50 per annum until
it reaches the Sum of £1,000. Five Hundred Pounds out of this
amount was paid last year from the Colonial Funds. But, in pre-
paring the present year's Estimate for Parliament, Lord Gleneh
has thought that, instead of leaving upon it the smaller portioi
of the Salary, with a trifling increment to be annually added, it is
better to bring forward at once the charge to be constantly main-
tained, and to transfer to the Colonial Revenues the growing por-
tion of this Salary. The immediate effect will be a saving in the
first year, altho' not a permanent one. of £150 to the latter Fund.
On the other hand, some addition will be required from this
source to the Salary of the Agent General's Assistant. £200 has
been placed on his account on the Estimate, and it is as much as it
seemed equitable to apportion to that Fund ; but, looking to the
nature and extent of the duties thrown upon the Emigration Dept.
by the increasing amount of business accruing from the Australian
Colonies, it. is obvious that the Agent General could- not efficiently
discharge his functions without a very competent Assistant, for
whose remuneration therefore Lord Glenelg would suggest that fl
Salary of £350 in all would lie proper, the Sum of £150 being paid
from the Colonial Land Revenues.
I am to request that you will favor me with the opinion of the
Lords Commissrs. of the Treasury on the subjects brought under
their notice in this letter, and that you will submit the accom-
panying Estimate for Parliament to their Consideration.
I have, &c,
James Stephen.
GIPPS TO GLEXELG. 359
[Enclosure No. 2.] 183S.
^ 5 April.
Mr. A. Y. Spearmax to Lxder Secretary Stephen.
Sir, Treasury Chambers. G March, 1S3S.
I have it in command from the Lords Commrs. of H.M. Trea- Approval of
sury to request you will state to Ld. Glenelg. in reply to your letter JJgJJg;
of Inst, inclosing an Estimate of the expence of defraying
the Salaries of the Agents for Emigration for the Year, ending
31 March. 1S39. amounting to £3.810 15s.. that my Lords approve
of the arrangements, which his Lordship proposes to carry into
effect in regard to the Salary of the Chief Agent for Emigration,
and the Appointment and apportionment of the Salary of the As-
sistant to the Chief Agent's Office; and they will accordingly direct
that the Estimate for the Emigration Dept., which accompanied
your letter, shall be submitted to Parliament.
I am. &c.
A. Y. Spearman.
Sir George Gipps to Lord Glexelg.
(Despatch Xo. 50, per ship Jessie; acknowledged by
lord Glenelg, 2Sth August. 1838.)
My Lord, Government House, 5th April, 1838.
The accompanying Memorial having been sent to me by Transmission
Mr. John Henry Berner in the manner prescribed by the Regula- frome
tions, it becomes my duty to forward it to your Lordship, though J- H- Berner-
in so doing I beg not to be understood as urging in any degree
on your Lordship the prayer that is contained in it.
Mr. Berner came to this Colony in the year 1830, and shortly Details re
afterwards entered the Household establishment of Sir Ralph j3^ Berner.
Darling, where he remained up to the time of that Governor's
departure. On the 20th October, 1831, being the day preceding
that on which Sir Ralph Darling left the Colony, a written order
was given by Sir Ralph Darling for Berner to receive a Town
allotment at Parramatta; but Sir Richard Bourke refused to
confirm the same, it having been given subsequently to the re-
ceipt in the Colony of the Regulations forbidding free grants.
Sir Richard Bourke however referred the subject for the con-
sideration of the Secretary of State, and it was by order of
Lord Goderich that Berner's claim was finally rejected. Sir
Richard Bourke's- Despatch, on the subject of this and other
grants of land, which he did not consider himself authorized to
confirm, is dated 7th Feby., 1832, Xo. 18, and the decision of Lord
Goderich is contained in his reply of the 6th July, 1832, Xo. 107.
I have only further to remark that, in this latter Despatch, the
applicant is styled Thomas Henry Berner, in lieu of John Henry
Berner. I have, &c,
Geo. Gipps
360
HISTOEICAL RECORDS OF AUSTRALIA.
18SS.
5 April.
Memorial from
J. H. Berner
soliciting grant
of town
allotment.
[Enclosure.]
The Humble Memorial of John Henry Berner, of Sydney, in the
Colony of New South Wales, an Emigrant Settler.
To The Right Honorable The Principal Secretary of State for the
Colonial Department, etc., etc., etc.,
Sheweth,
1. That your Memorialist arrived in the said Colony in the
year 1830, as an Emigrant Settler, bringing with him a small
Capital.
2. That, soon after his said arrival, your Memorialist obtained
a situation in the Establishment of His Excellency the Governor,
now Sir Ralph Darling, and continued therein until the time of
His Excellency's departure from the Colony.
3. That, whilst in the said service, your Memorialist married a
young Female who was also in the establishment of His Excellency
the Governor.
4. That His Excellency was so well satisfied with the conduct
of your Memorialist and his wife, that he was pleased to promise
to your Memorialist a grant of an Allotment of land in the town-
ship of Parramatta as a means of promoting their success in life.
5. That, in pursuance of the said promise, your Memorialist had
the honour to receive from the Honorable the Colonial Secretary
a letter dated the 21st October, 1831, informing him, by direction
of His Excellency the Governor, that His Excellency had been
pleased to order that he should receive an allotment in the town-
ship aforesaid, and requesting that he would therefore notify to
the Surveyor General the spot he was desirous of obtaining. Vide
Appendix.
6. That, on the day following the date of the said letter, namely,
on the 22nd October, 1831, His Excellency Governor Darling em-
barked for England, so that your Memorialist had not the oppor-
tunity of reporting his selection until the arrival of his successor,
the late Governor Sir Richard Bourke, who took charge on the
2nd December following.
7. That, upon your Memorialist's applying to His Excellency
Sir Richard Bourke for the Grant so promised by Sir Ralph
Darling, he was surprised and grievously disappointed to find that
His Excellency was not willing to confirm the same on the ground
that, in making such promise, his predecessor in the Government
had exceeded his powers ; and consequently the said promise has
to the present time remained unfulfilled.
8. That it is not for your Memorialist to presume to judge as to
the question of Sir Ralph Darling's powers, since that is a point of
fact upon which none can be so competent to decide as your
Lordship ; but he would venture with all humility to submit, that
the interests of the subject ought not to be sacrificed for the saKe
of errors of office, and that the faith of the Crown having been
pledged by the official and written promise of its constitutional
Representative, your Memorialist is entitled, upon every just and
equitable principle, to claim the full benefit of so solemn an engage-
ment.
Wherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises into your most favorable
consideration, and thereupon to instruct His Excellency the
GIPPS TO GLENELG. 361
Governor of the Colony aforesaid to make to your Memorialist a 1838.
Grant of an Allotment of land in the township of Parramatta, in 5 April.
fulfilment of Sir Ralph Darling's aforesaid promise.
And your Memorialist will ever pray, etc., etc., etc.
J. H. Berner.
Sydney, New South Wales, 19th February, 1838.
[Appendix, referred to in Paragraph 5.)
Mr. T. C. Harington to Mr. J. H. Berner.
Sir, Colonial Secretary's Office, 21 October, 1831.
I am directed by the Governor to inform you that His Excel- Order for town
lency has been pleased to order that you shall receive an allotment allotment for
in the Town of Parramatta. and to request that you will therefore J' H" Berner-
notify to the Surveyor General the spot you are desirous of
obtaining. I am, &c,
T. C. Harington.
Lord Glenelg to Sir George Gipps.
(Despatch No. 100, per ship John Renwick.)
Sir, Downing Street, 7th April, 1838. 7 April.
I beg to call your attention to the first clause of the Aus- instructions
tralian Company's Charter, which provides that all Grants of ilnd grants to
Land, which shall be made to the Company, shall be passed under A-A- comPanv-
the Great Seal of the Colony in pursuance of such Warrants
under the Royal Sign Manual as may for that purpose be issued;
And I have to request that you will direct the Law Officers of
a our Government to prepare the Drafts of such Instrument as
may appear best adapted to give effect to this provision of the
charter, which you will transmit to me. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 54, per ship Jessie; acknowledged by
lord Glenelg, 28th August, 1S38.)
My Lord, Government House, 7th April, 1838.
With reference to your Lordship's Despatch of the
2nd October, 1837, No. 380, announcing to my predecessor that
two Roman Catholic Clergymen, the Revd. John Brady and the
Revd. James Goold, had been selected by the Revd. Mr. Ulla-
thorne to proceed to New South Wales, and that the former of
them was intended for Norfolk Island, I beg to report to Your Arrival
Lordship that these two gentlemen came to the Colony in the J. Brady and
same ship (the " Upton Castle ") with myself, and that, shortly J- Goold.
after my arrival, I was surprised at hearing accidentally from
Windsor.
transfers of
R.C. clergy.
362 HISTORICAL RECORDS OF AUSTRALIA.
183S. Mr. Brady that the Roman Catholic Bishop, instead of sending
' pr ' him to Norfolk Island, had appointed him to do duty at Windsor
Appointment of within the Colony of New South Wales. Immediately on learning
for duty at' this I requested Dr. Polding, first personally and afterwards by
letter, to explain his reasons for thus deviating from your Lord-
ship's instructions, and expressed to him my apprehensions that
your Lordship would be displeased at finding that Norfolk Island
was still unprovided with a regular Minister of the Catholic
Church. Of the answer which I received from Dr. Polding, I
have now the honor to enclose a Copy; and I have further to
explain that Dr. Polding has repeatedly assured me that he
Proposed will very shortly be able to send thither the Revd. Mr. Dowling,
who is now at Maitland, or the Revd. Mr. Walker at present in
Van Diemen's Land, and that the want of a Roman Catholic
Clergyman will be in the mean time the less felt, as Mr. Harding,
a Catechist of the Roman Catholic Church, has been very re-
cently Despatched to Norfolk Island from Sydney.
Necessity for I beg your Lordship to believe that I have not failed to repre-
KorfoikVAand. sent to Dr. Polding the very great importance, which your Lord-
ship attaches to securing the services of a competent Minister
of Religion at Norfolk Island; and that I have only acquiesced
in the arrangement made by Dr. Polding from a desire to avoid
the exercise of any act of authority, which might disturb the
good understanding now happily existing, and which it is so
desirable to maintain, between the Executive Government and
the Head of the Roman Catholic Church. I have, &c,
Geo. Gipps.
[Enclosure.]
Right Revd. J. B. Polding to the Colonial Secretary.
Sir, Sydney, 15th March, 1838.
Explanation re I have the honor to acknowledge your communication of the
appointment of 14th Inst, relative to the appointment of the Reverend Mr. Brady
Reyd J. Brady an(j enclosing a despatch from Lord Glenelg on the same object.
and chaplain
for Norfolk Under the conviction that the services of the Reverend Mr. Brady
island. will be far more valuable in the Colony than at Norfolk Island,
I have in accordance with his own inclinations commenced arrange-
ments, which will give those services to this Colony, and at the
same time provide Norfolk Island with that spiritual assistance
of which the R.C. Prisoners have been so long deprived. Mr. Brady
was not aware, till he arrived in this Colony, of the confined range
of Duty at Norfolk Island. He has been accustomed to a more
active life, which he prefers. One of the Reverend Clergy under
my jurisdiction has long desired to retire to a situation less ardu-
ous than that which circumstances required him to occupy, and I
trust he will be prepared to proceed to Norfolk Island in the course
of a short time. I have, &c,
J. B. Polding.
GIPPS TO GLEXELG. 363
Sir George Gipps to Lord Glenelg. 1S3"-
9 April.
(Despatch No. 55, i>er ship Jessie: acknowledged by
lord Glenelg, 28th August, 1S38. )
My Lord, Government House, 9th April, 1S3S.
At the request of Mr. Justice Willis, I have the honor to Transmission
T • C • 0f letter" fr0m
forward to your Lordship copies oi two letters, which have been j. w. Willis,
p.ddressed by His Honor to the Secretary of this Colony on the
subject of his salary, from the day of his embarkation in Eng-
land to that on which he entered upon his duties in Xew South
Wales.
Mr. Justice Willis has been paid only half salary for this J1*™ by
period, in conformity with the general rule, established for all to full salary
officers not actually in performance of their duties, and this half embarkation.
salary even has been issued in the understanding that he is to
refund it, if not sanctioned by the Secretary of State; but he
now claims full salary on the strength of the 6th Clause in the
Charter of Justice of Xew South Wales, referred to in his letter.
The only observations I feel it necessary to offer on this matter Criticism
are that, by the Charter of Justice issued in the 4th year of the
Reign of George the 4th, only one Judge was appointed to the
Supreme Court of Xew South Wales, and that, though subse-
quently two Puisne Judges were added under the provisions of
the Xew South Wales act. 9th Geo. 4th, Capt. 83, Sect. I, no
new Charter of Justice was issued in consequence of the passing
of that act. The construction put upon the sixth Clause'54' of the
Charter of Justice by the late Acting Governor of this Colony
and by the Auditor General is that full salary can only be
granted, in cases where the appointment is a new one, as it was
in the case of Chief Justice Eorbes under the Charter of Justice,
and of Mr. Dowling under the 1st Clause of the Xew South
Wales Act; and the reason assigned by the Auditor General for
this opinion is that in other cases there will be generally a person
acting on the spot, and entitled to the other half under the
general regulations of page 19 in the Book issued from your
Lordship's office in the year 1837.
In the case in question, however, I think it my duty to point
out that Mr. Kinchela, who held a temporary place on the Bench
from the time of Mr. Dowling's advancement to the seat of
Chief Justice to that of Mr. Willis' arrival, received not half
but full salary, and that therefore the half salary even to Judg
Willis is unprovided for. In this your Lordship will not how-
ever I hope understand me as objecting to the issue of full
* Note 76.
364
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
) April.
Claim by
J. W. Willis
to full salary
during voyage
from England.
Request for
reference to
secretary of
state.
salary to Mr. Kinchela, for I am on the contrary impressed with
the idea of its propriety; knowing that, if half salary only were
allowed, no person properly qualified would be found willing to
accept the office of temporary Judge in this Colony.
I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Mr. Justice Willis to Colonial Secretary Thomson.
Sir, Sydney, 27th Deer., 1837.
As it appears by the 6th Clause* of the Charter of His late
Majesty King George the 4th for establishing Courts of Justice
in New South Wales " That the Salary shall commence and take
place in respect to any person, who shall be resident in Great
Britain or Ireland at the time of Appointment, upon and from the
day on which any such person shall thereupon embark or depart
from Great Britain or Ireland to take upon him the execution of
his Office," and that this clause was acted upon not only in the case
of Sir Francis Forbes, the late Chief Justice, but also in that of
Mr. Dowling, the present Acting Chief Justice, when he embarked
from England for this Colony in 1827 to take upon himself the
Office of a Puisne Judge of the Supreme Court. I humbly conceive
that I am clearly entitled to be placed in the same situation, and
to receive the whole, instead of half of my Salary, as a Puisne
Judge of the Supreme Court, from the 10th July, the date of my
Embarkation from England (in consequence of being appointed by
Her Majesty the Queen to fill that Office) until the 3rd of No-
vember. 1837, the period of my arrival in this Colony to take upon
myself its duties. I am aware that, wmere there is not, as in the
New South Wales Charter, an express Provision that the full
amount of Salary should be received, that half only is usually
allowed ; but I do not conceive that any usage with regard to other
Colonies can controul this Charter, more especially as the length
of the Voyage and additional Expences seem a sufficient reason
for the clause having been inserted.
Under these Circumstances, I venture to request that you will
have the goodness to state my claim for full salary to His Excel-
lency The Acting Governor ; and to obtain for me His Excellency's
Warrant for £240 Ss. 2d., the difference between half and full
Salary during my voyage. I have, &c,
John Walpole Willis.
[Enclosure No. 2.]
Mr. Justice Willis to Colonial Secretary Thomson.
Sir, Surrey Hills, Sydney, 7th March, 1838.
In reply to your obliging letter received this day, I beg to
say that, as I humbly construe the Charter of Justice equally to
apply to a Judge now appointed from England to fill a Vacancy
on the Bench in this Colony, as to those who were originally ap-
pointed, there being nothing whatever in my humble judgement to
restrict it to the latter case, I shall feel much obliged by the ques-
tion being referred for the decision of Her Majesty's Colonial
Secretary of State. I have, &c,
John Walpole Willis.
* Note 76.
GIPPS TO GLENELG. 365
Sir George Gipps to Lord Glexelg. isss.
10 April.
(Despatch No. 56, per ship Jessie.)
My Lord, Government House, 10th April, 1838.
I have the honor to transmit herewith the Duplicate of a Transmission of
Memorial from Captain Faunce, late of the 4th Foot, of which A.^Faunce™
I believe the Original was taken to England by Sir Kichard
Bourke for the purpose of being presented by him in person
to Your Lordship. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this memorial is not available.']
Sir George Gipps to Lord Glexelg.
(Despatch No. 57, per ship Jessie; acknowledged by
lord Glenelg. 11th October, 1838.)
My Lord, Government House, 11th April, 1838. n April.
I have the honor to transmit herewith, a letter addressed Transmission of
to your Lordship, and with it two printed documents* and one Aa Macieay!
written one, which have -been this day put into my hands by
Mr. Macleay, late Secretary of this Colony. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of the written paper is not available.']
Sir George Gipps to Lord Glexelg.
(Despatch No. 58. per ship Jessie; acknowledged by
lord Glenelg. 25th August. 1838.)
My Lord, Government House, 12th April, 1838. 12 April.
A vacancy having occurred in the situation of Third Resignation of
Police Magistrate of Sydney by the resignation of Mr. Adolphus appointment of
Young, I have the honor to report that I have nominated Mr. J; R. Brenan
Ryan Brenan to succeed him; and, in the event of this appoint- magistrate.
ment being confirmed by your Lordship, I propose, for reasons
presently to be stated, that Mr. Brenan should hold it in con-
junction with the Office of Coroner which he already fills.
The salary attached to the office of Third Police Magistrate inadequacy of
is only £300 a year; and so inadequate is this sum to procure p*1^ ot xhird
the permanent services of any competent individual that, since magistrate,
it was first created in October, 1833, it has been vacant by the
resignation of the holder no less than five different times; the
gentleman, who was first appointed to it, namely, Mr. E. A. Slade,
resigned in November, 1834, Mr. Robert Stewart resigned in
* Note 77.
366
HISTORICAL EECOEDS OF AUSTRALIA.
1333.
12 April.
Salaries
proposed for
J. R. Brenan.
Practice re
inquests.
Salaries of
first and
<econd police
magistrates.
January, 1S36, Mr. H. F. Gisborne resigned in October, 1837,
Mr. E. Stewart a second time in Deer., 1837, Mr. Young resigned
in March, 1838.
By the last Blue Book, the total emoluments of the office of
Coroner were £228, so that the united salaries of the two offices,
now to be held by Mr. Brenan, will amount to £528. It is how-
ever understood that Mr. Brenan is no longer to engage in prac-
tice as a Solicitor, which he has been allowed to do whilst holding
the office of Coroner.
For the convenience of persons serving on Juries, Inquests
before the Coroner are usually held either early in the morning,
or late in the evening; and for this reason the holding of them
will not materially interfere with Mr. Brenan's duties as a Police
Magistrate, which generally commence at ten o'clock in the
morning, and finish between 2 and 4.
The first Police Magistrate has a salary of £650 a year, which
affords him a sufficient remuneration, but the second Police
Magistrate, Mr. Windeyer, whose salary is only £350, holds in
addition to that appointment the office of a Commissioner of
land claims, the average emoluments of which may be stated at
£200 a year, and are increasing.
Mr. Ryan Brenan was, as your Lordship may recollect, ap-
pointed by Sir Richard Bourke to the situation of Principal
Superintendent of Convicts, but was subsequently superseded by
the appointment from England of Captain McLean. I trust
therefore that his claims may now meet your Lordship's favorable
consideration. I have, &c,
Geo. Gipps.
13 April.
Suspension of
H. F. White
as assistant
surveyor.
Outv assigned
to H. F. White.
Sir George Gipps to Lord Glexelg.
(Despatch Xo. 50. per ship Jessie; acknowledged by
lord Glenelg, 28th August, 1838.)
My Lord, Government House, 13th April, 1838.
I have the honor to report to your Lordship that, when
I assumed this Government, I found that Mr. H. F. White, an,
assistant in the Surveyor General's Department, had been sus-
pended from the performance of his duties by the late acting
Governor, under circumstances which it is my duty to detail to
your Lordship, and which I do not doubt your Lordship will
concur with me in thinking render Mr. White unfit to remain
in Her Majesty's service.
Mr. White was sent by the head of the Department, in August,
1836, to conduct a survey near Port Macquarie, distant about
150 miles to the Northward of Sydney; and it appears that, some
GIPPS TO GLEXELG. 367
time after his arrival at that place, he purchased land in the iS38.
neighbourhood of it.
In the month of January last, some misunderstanding having Charges made
sprung up between Mr. White and the Police Magistrate of aiaintt
Port Macquarie (Mr. Gray), the latter, in justifying himself H- F- White-
against the charge of improper interference in the laying out of
a road, stated, in a letter to the head of the Survey Department,
that Mr. White had done no duty for the Public for the two
preceding months, but had employed himself, his men and his
bullocks for his own private advantage on the land that he had
purchased; and here I should mention that Mr. White had
under his charge, for the purpose of assisting him in his survey,
7 men, 6 Bullocks and 3 horses. The Deputy Surveyor General
very properly brought Mr. Gray's letter under the notice of the
local Government, and at the same time called on Mr. White to
answer the charges which were contained in it ; Mr. White in his
reply, though he attempted to justify himself against the charge
of having done no work on the plea that he had performed as
much as the state of his health would permit, admitt-ed the fact
of having employed the men and bullocks in the way stated by
the Police Magistrate ; in recrimination however, he brought for- Frivolous
ward a number of charges against the Police Magistrate, of b/H^F.'wiilte.
which none, as your Lordship will perceive, contain matter of
any serious import, and which after investigation Colonel Snod-
grass, the late Acting Governor, pronounced to be " frivolous,
vexatious, and uncalled for."
Having done this, and signified to Mr. White has disapproba- Settlement
tion of the way in which the men and bullocks had been employed, K.°sSgrass
Colonel Snodgrass expressed his readiness to allow the whole
matter to drop, provided Mr. White would withdraw his un-
founded charges against the Police Magistrate. Mr. White,
however hesitating to do this, and in fact not having done it or
returned any answer to Colonel Snodgrass, when the vessel in
which I was embarked hove in sight, was suspended by Colonel Suspension of
Snodgrass, and thus the matter stood when I entered upon the ' '
Government.
A few days after my arrival, the letter, Xo. 10 among the docu-
ments sent herewith, was delivered to me; for, though addressed
to Colonel Snodgrass, it was not received until after he had
given up the Government. In it, Mr. White, taking no notice Refusaloi
of the charges against himself, flatly refuses to withdraw those j^^thdraw
which he had preferred against Mr. Gray, and intimates also charges.
an intention of resisting the authority of Government, if ordered
to remove from Port Macquarie to another district. The to:
assumed by Mr. White in this letter, appeared to me, I must say.
368
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 April.
Proposed
dismissal of
H. F. White.
Denial of
statement of
H. F. White.
Charges by
W. N. Gray
against
H. F. White.
Reply by
H. F. White to
charges made
by W. N. Gray.
so indecorous towards the late Acting Governor, and so un-
becoming the situation in which he was placed by his own
acknowledged delinquency, that I deemed it my duty to con-
tinue his suspension; and I have now further to submit to your
Lordship whether, under all the circumstances of the case, he can
be considered a fit person to remain in Her Majesty's service.
I enclose to your Lordship the whole of the documents, which
are in my possession, having reference to the case and a schedule
or index of their contents. I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Mr. W. N". Gray to Dep. Surveyor- General Perry.
Dear Sir, Port Macquarie, 5th Jany., 183S.
Mr. White, the Asst. Surveyor, having wrote you that I
altered the line of road he had marked out, I expected to have
heard from some quarter officially concerning it by this trip of the
Steamer ; but, not having heard anything of it, I beg leave to in-
form you there is not one word of truth in it. So anxious was I
to get Mr. White to mark the line of road up the Hastings, so as it
might be passable for a Cart, that I offered to drive him in my
Buggy.
You would be doing a great service to the Settlers here, were you
to give orders for the road immediately to be made. If you will
make inquiry, you will find that Mr. White has not done one day's
work for the Government for the last two Months. The Men and
Bullocks under his Charge are generally employed upon his own
Farm fencing in a Paddock of Eighty Acres, and carting Bricks
and Slabs to build a House. Were either I or Mr. Thompson, the
Clerk of Works here, to do Such a thing, we would immediately be
dismissed.
I have no particular wish to injure Mr. White; all that I want
is to have the road marked out for the good of the District ; but, if
you wish it, you may make this report official.
Yours faithfully,
W. N. Gray, P.M.
[Enclosure No. 2.]
Mr. H. F. White to Dep. Surveyor-General Perry.
Sir, Sydney, 16 Jany., 1838.
I have the honor to acknowledge the receipt of your letter
No. 38/12, enclosing one from Mr. Gray, the Police Magistrate at
Port Macquarie, in which he states that it is untrue that he has
deviated from the line I marked at the Hastings for the road, and,
so anxious was he to get it marked, that he offered to drive me in
his Buggy.
Also that you will find that I have not done one day's work for
the Government for the last two months, the Bullocks and Men in
my charge being generally employed on my own Farm.
That, were either he or Mr. Thompson, the Clerk of Works, to
do such a thing, they would be immediately dismissed.
That he has no particular wish to injure me; all that he wants
is to have the road marked for the good of the district.
GIPPS TO GLENELG. 369
In reply to the first part of Mr. Gray's letter in which he denies i83S.
having made the road in places where I have not marked it. I beg 13 April,
to repeat my statement that he has done so, and that, if an investi- Replr by
gation be made. I can prove the fact. H.F.White to
With reference to Mr. Gray's assertion that he offered to drive cha^esmade
me in his Buggy. I have to remark that he has no vehicle of any • w- Nl Gvay*
description in the district.
As to my not having done one day's work for two months, I
request you will peruse the enclosed Certificates, shewing that my
Health has been for a longer period than two months, and still
is so bad as to render me unfit for any surveying duty.
I have also to request your attention to the enclosed letter from
Mr. AY. S. Parker, who happened by chance to be present on two
days out of five that I was surveying in his Neighbourhood ; and,
notwithstanding the fact of my health being so bad, I have been
frequently out surveying during the period mentioned, as will be
seen by reference to my letters Nos. 37/55, 37/56 and 37/57, and
also by the survey of the ground proposed as an addition to the
Town of Macquarie, forwarded in my letter No. 38/5 also by my
letter No. 37/52, transmitting plans and descriptions of 36 allot-
ments in the town of Macquarie. I have also marked out 5 miles
of the Road to the Hastings. Indeed I have felt so satisfied that
the quantity of work done by me would not be objected to, that I
did not think it necessary to send the certificate of my health.
Respecting Mr. Gray's statement that I have employed my Men
and Bullocks. I beg to State that my Pack Bullocks being very
intractable, if they are not constantly at work, I find it necessary
to work them when I have not occasion for their services on pack ;
and. with regard to my men, I did not think there was any impro-
priety in allowing them to be employed in their spare time, as it is
customary in the District to allow the Prisoners in the Service of
the Government to employ themselves during certain hours in the
day as they think proper, called their spare time; The Men even
in the road parties, where they go as a place of punishment, being
allowed by Mr. Gray to work for the Settlers.
Referring to Mr. Gray's assertion that " He has no particular
wish to injure me," I am prepared to prove that he, at the time he
charged me with not having done one day's work for the Govern-
ment, knew of my having been out marking part of the Road to the
Hastings. 12 miles from the Town, and that he also knew of my not
being in a fit state of health to attend to surveying.
Indeed I cannot conceive how Mr. Gray can take upon himself to
say that I have not done one day's wrork for two months, wThen he
has been during that time at his own Farm about 30 Miles from
Macquarie for two or three days at a time.
I have, &c,
H. F. White. A S.
[Sub-enclosures. J
Certificates. Certificates
I certify that, in the absence of Dr. Moncrieff, Colonial Surgeon of the District, n
sub-poenaed to Sydney, and whose duties I was performing here, I attended
Mr. H. P. White, Surveyor, here from the 21st of October to the 13th of November
last, the time of Dr. Moncrieff 's return, and that during that period it was abso-
lutely necessary for the recovery of his health to keep his room or to take only a
very moderate exercise. Ed. Fattorixi. M.D.
Port Macquarie, 13 January, 1838.
Si:h. 1. VOL. XTX— 2 A
H. F. White.
370
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 April.
Certificates
re health of
H. F. White.
Transmission
of letter from
S. Partridge.
Reasons for
letter re
H. F. White.
Statement re
conversation
with
H. F. White.
I hereby certify that, on my return to my Station at Port Macquarie on the
13th November, 1837, I relieved Doctor Fattovini of the Medical Care of H. F. White,
Esqr., Asstt. Surveyor, who was a considerable time afterwards confined to his
House from a severe attack of Indisposition, and that up to this period he has
been under treatment, and in my opinion unfit for any active duties in the bush.
Port Macquarie, 13 January, 1838. G'eo. F. Moncrieff.
We, the undersigned, have examined H. F. White, Esqr., Assistant Surveyor, as to
the present state of his health and beg to state as our opinion that he is at this
moment quite unfit to undertake any surveying expedition into the interior.
Geo. F. Moncrieff, Col. Asst., Surgeon.
Ed. Fattorini, M.D.
Port Macquarie, 13 Jany., 1838. T. Galloway, M.D., Surgeon, R.N.
I certify that I was with Mr. White, Surveyor, on the 21st and 22d December,
1837, during which days he was Surveying Mr. Walshe's land and marking allot-
ments at the Sugar Plantation, and that it was raining the greater part of the day
of the 2 2d while he was out. \V. S. Parker.
Clanfield, 13 Jany., 1838.
[Enclosure No. 3.]
Mr. W. N. Gray to Colonial Secretary.
Sir, Port Macquarie, 23 Jany., 183S.
I have the honor to forward a copy of a Letter, received
from Mr. Partridge, the Superintendent of Convicts at this Station,
which I request you will lay before His Excellency the Governor,
so as Mr. White may be called upon to bring forward the charges
he alludes to, that I may have an opportunity of replying to them.
I did not consider that my Situation required me to make any
report on Mr. White's conduct or in any way interfere with the
Surveying Department ; but, being informed that Mr. White wrote
to the Surveyor General that I had changed a line of Road that
had been marked out, I considered it necessary to write to Captain
Perry that it was not the case. At the same time reported in what
manner Mr. White employed the Government Men and Oxen under
his charge, which has been remarked by several Individuals for
the last two months, viz. : the men splitting and fencing, and the
Oxen drawing in the rails to fence Mr. White's Farm, and also
drawing Bricks to build a large sized House upon the said Farm.
I have, &c,
W. N. Gray, P.M.
[Sub-enclosure.]
Mr. S. Partridge to Mr. W. N". Gray.
Sir, Superintendent's Office, 15 January, 1838.
I consider it my duty to lay before you the particulars of a
conversation, which took place yesterday between Mr. Surveyor
White and myself.
Mr. White came to me and said, " You will recollect bringing
me a Message some time in December concerning marking the line
of road from Sarah River to King's River."
I replied, " perfectly well."
Mr. White, " You will recollect the answer that I made that I
had projected an alteration in the line of road for about half a
mile, and that I should wish to have that done first."
I replied, " I do."
Mr. White, " Will you give me a certificate of the words made
use of to you."
I replied, " Certainly not, I am not in the habit of giving such
certificates," meaning when the Bearer of a verbal Message from
one Gentleman to another, I was not in the habit of giving Certifi-
cates respecting them.
GIPPS TO GLENELG. 371
Mr. White again pressed me, saying, " it can in no way injure iS38.
you. for I must tell you the truth at once. Mr. Gray has written is April.
to Head Quarters, reporting me. stating that 1 had not marked statement re
the line as he wished, and that 1 had not done a day's work for a conversation
considerable time; you had better give me the certificate which with
can be of no manner of harm to you." H- F- Whlte-
I still refused to give any certificate whatever. Mr. White then
said. " If you will not give me the certificate, when I go to Sydney,
I will expose all the actions that have been carried on at Port
Macquarie."
I replied, " You may do as you think proper ; for my own part,
if all the people in the Colony were watching me, I should do as I
act now, and I care for nobody." With that, I turned and went
into my House leaving him where he was standing.
I have, &c,
S. Partridge.
[Enclosure No. 4.]
Mr. H. F. White to Colonial Secretary.
Sir, Sydney, 18 Jany., 183S.
Mr. Gray, the Police Magistrate at Port Macquarie, having Request by
in a letter to the Surveyor General stated that there was not one H. f. White
word of truth in a letter, which I wrote to the head of my Depart- for inciuir>'-
ment, reporting Mr. Gray's having made the public road to the
Hastings in some places where I had not considered it expedient
to mark it. I have the honor to request you will forward to His
Excellency the Governor my application to be allowed to prove the
truth of my representation, in order that I may be enabled to
exonerate myself from the charge of having made a false statement,
a charge which I cannot allow to be recorded against me without
an endeavor to prove how void it is of foundation.
Mr. Gray has stated in his letter to the Deputy Surveyor General
that he has no particular wish to injure me, his sole object being
the welfare of the district ; and it will therefore, I would beg to
submit, be but justice to allow him to prove his charges, and to
show that his Zeal for the welfare of the district, which had lain
dormant until I found it necessary to represent his interference
with duties, for which I alone am responsible, has not misled his
judgement, and induced him to bring my conduct into question
by a Violation of truth.
In addition to charges of a definite nature, which I can meet
satisfactorily. Mr. Gray has said that I have committed Acts.
which, had he committed them, would Subject him to dismissal;
and these Charges of Mr. Gray, who. as a Police Magistrate, has.
I may remark, no sort of superintendence over my official conduct,
having been entertained, I consider it necessary to shew, not only
how inconsistent it is in this Gentleman to bring forward such un-
founded accusations, but how unfit he is to exercise an Authority
lie has perverted in many instances. I therefore beg to urge an
Investigation be instituted, and that I be permitted to prove tin1 ( ha g
groundlessness of Mr. Gray's charges against me. and the truth H. F.White
of the undermentioned charges which I bring against Mr. Gray as \v:lxstGray
Police Magistrate at Port Macquarie.
1st. With having for some weeks employed a Man under sentence
to an Iron (Jang, and in Irons, in putting together a Boa1 which
had been broken, belonging to an Acquaintance of his at Port
Macquarie.
372
HISTORICAL RECORDS OF AUSTRALIA.
1838.
IS April.
Charge^ by
H. F. White
against
W. X. Gray.
2d. With frequently lending to his acquaintances the Government
Bar Boats, Oars and Men. to take goods to their Farms, one of them
having been away for some weeks at Tryal Bay, with the Crew.
Oars and paid Coxswain, having taken shingles there, and during
the absence of which a Vessel was on the bar for some hours and
might have been wrecked, but for the assistance of an extra Boat,
Oars and Men, furnished by private individuals, having myself
lent Oars at the request of Mr. Gray.
3. With having employed an Ironed Gang to fill up an Allotment
of ground in the Town to a level with the Street, about 20 feet,
to enable the Proprietor to build a house thereon, and with having
allowed the same Gang to cut and lay sleepers for a house on the
same.
4. With having employed a Gang of Men and a hand Cart every
morning in collecting manure for his garden.
5. With having employ ed a Gang of men every morning to carry
water to the houses of Individuals.
6. With having employed Government means to make a private
carriage road and erect a Bridge.
7. With having taken money from one of my surveying party on
the plea that he was a Prisoner of the Crown, which money must
in that case have belonged to me. having been given by me to him
for his meritorious behaviour, and with having given the Same
money, belonging to me. to a Constable, the said Constable being
himself a Prisoner of the Crown and therefore equally ineligible
with my man to possess Money.
8. With an exhibition of his ignorance of Municipal Law, which
it is his duty to understand as a Police Magistrate, he having
caused a free man to be put into the Stocks without the Sentence
of a Court having been passed upon him.
I have the honor to request this Letter may be Submitted to His
Excellency the Governor, accompanied by my letter answering the
Charges of Mr. Gray transmitted to you by the Deputy Surveyor
General. I have, &c.
H. F. White. A.S
Reply by
W. X. Gray to
[Enclosure No. 5.]
Mr. W. X. Gray to Coloxial Secretary.
Sir. Police Office, Port Macquarie. 2d Feby., 1838.
I have the honor to acknowledge the receipt of yours of
the 23rd Ultimo (which came to
hand only yesterday), aecoin-
chargesmade panje<| with a charge against myself and other documents relative
by 1 e' to Mr. White Assistant Surveyor and I beg leave to reply as
follows : —
1st Charge. — With having for some weeks employed a man under
sentence to an Iron Gang and Irons in putting together a Boat,
which had been broken, belonging to an Acquaintance of his at
Port Macquarie.
A very old Man (an Invalid), a Boat Builder by trade and now
receiving a sentence of 12 months' Irons for absconding, was lately
applied for by Mr. Thomson, Clerk of Works, to build a Boat for
his Department in the Lumber Yard, there being no Boat Builder
in the Department, which request I granted, and had the Man
GIPPS TO GLENELG. 373
taken to Gaol to and from the Lumber Yard in charge of a Con- 153s.
stable. When the Government Boat was finished, he repaired by 13 April,
my orders a small Boat for a boy of fourteen years of age, Mr. Reply~jl~
H. Stephens, which was broken by neglect of the Government w. N. Gray to
Boat's Crew, and on that account I consider the Government had charges made
a right to repair it. I beg also to State that on many occasions by H. P. White.
Men in Irons are worked in the Lumber Yard for Government pur-
poses, but there is always a Constable placed over them.
2nd Charge. — With frequently lending to Accpiaintances the Govt.
Bar Boat, Oars and Men to take Goods to their Farms, one of
them having been away for some weeks at Tryal Bay, with the
Crew, oars and paid Coxswain, having taken Shingles there, and
during the absence of which a Vessel was on the Bar for some
hours, and might have been wrecked, but for the assistance of an
extra Boat, oars and men furnished by private Individuals, having
myself lent oars at the request of Mr. Gray.
Your Excellency must be fully aware that I have no power what-
ever over the Government Bar Boats, as they are under the Har-
bour Master. If I require a Crew for my own Police Boat. I am
obliged to apply to him for them. I am aware the Harbour Master
once lent Mr. Oakes, the Commissioner of Crown Lands, a Boat
to go to the McLeay River, which boat returned as quick as pos-
sible. I told the Harbour Master that he was wrong in allowing
the Boat to go so far from home ; at this time, great disturbance
was taking place at Tryal Bay amongst the Cedar Cutters, and,
without a Boat, the Commissioner could have been of no use ;
there were two Bar Boats here when the Vessel Mr. White alludes
to was in distress, the Pilot in one. and myself in the other. Mr.
White's oars were only required in case of accident. Had there
been Twenty Boats, they would have been of no Service.
3d Charge. — -With having employed an Iron Gang to fill up an
allotment of Ground in the Town to a level with the Street, about
20 feet, to enable the Proprietor to build a house thereon, and with
having allowed the same Gang to cut and lay the Sleepers for a
House on the Same.
By this 3d Charge. I suppose Mr. White must mean a house built
by Dr. Moncrieff on a piece of Ground, purchased from Lieut.
Morton, which ground was filled up by my predecessor but with no
intention to Serve anyone, as he was obliged to take the Earth from
the Street in making it. Mr. White is correct as far as I ordered
two or three of the Ironed G*mg one day in my own presence to
assist the Carpenters employed in laying the Sleepers, they being
too heavy to lift ; but the Sleepers were cut by the Proprietor and
drawn in by Major Innes's team. Mr. White must be perfectly
aware of this and that the ground he alludes to was not filled up
by me, neither was there any other place the material could be put.
4th Charge. — With having employed a Gang of Men every morn-
ing with a hand Cart to collect Manure for his Garden.
4. There is a great number of Cattle going about the Streets of
this Town. About once a week, the Mudmen are sent under an
overseer to clear the Streets of the Manure and other tilth, which
is brought to the Government Garden attached to my House. / have
no private Harden.
"tli charge. — With having employed a (Jang of Men every morn-
ing t<> (Mil water to the Houses of Individuals.
374 HISTORICAL RECORDS OF AUSTRALIA.
1838. 5. This charge I perfectly deny and cannot see upon what
18 April. grounds it is made.
Reply by 6th Charge. — With having employed Government means to make
w. n. Gray to a Carriage Road, and erect a Bridge.
by^H^F.'white. 6- In tllis Charge, Mr. White must allude to a Bridge com-
' menced by Major Sullivan and which was almost completed on my
taking charge; it is at one end of Lake limes, and certainly is of
more service to Major limes than any other Person, the Road Gang
had been at work upon it 12 months previous to my Arrival. I
finished the work in six weeks and reported having done so. If Mr.
White thought I was acting wrong in finishing the work, why did
he not report it IS months ago, as no men have been at work there
Since.
7th Charge. — With having taken money from one of my surveying
party, on the plea that he was a Prisoner of the Crown, which
money must have in that Case have belonged to me, having been
given by me to him for his Meritorious behaviour, and with having
given the same money belonging to me to a Constable, the said
Constable being himself a Prisoner of the Crown, and therefore
equally ineligible with my man to possess Money.
7. On going my rounds through the Towm one night between ten
and eleven o'clock, I sawT a Person run round a back Street, I ran
after him, called a Constable, gave him in charge for being out
after hours; he proved to be one of the Surveying Party. On
searching him, a Bottle of Rum and twenty shillings were found
upon his person. Next day he was brought before Mr. W. B. Car-
lyle, J. P., and myself, and received a punishment of 60 Lashes for
being out after hours and refusing to state how7 he became pos-
sessed of the rum. Another of the Surveyor's Men having been
brought before Mr. Carlyle and myself for being drunk and riotous
in the Streets, and violently assaulting the Constable, one of which
had his Clothes actually torn off him, The twenty Shillings was
taken from the Prisoner and given to the Chief Constable to pur-
chase Clothes for the Constable thus had his torn. Mr. White is
perfectly aware of this, as it all took place in open Court which
the Records will shew.
8th Charge. — With an exhibition of Ignorance of Municipal Laws,
which it is his duty to understand as a Police Magistrate, he having
caused a free man to be put in the Stocks, without the Sentence of
a Court being passed upon him.
In this Charge, Mr. White is perfectly correct, so far that a free
man was put in the Stocks without being brought up to the Police
Office, but not so on its being illegal, as I am perfectly awTare even
a Constable can put a Man in the Stocks on particular occasions,
or secure him in the best manner possible. I have been nearly
five years a Magistrate in this Colony, and there is not a single
case but would prove that I had a perfect knowledge of my duty.
Health of In my letter to the Surveyor General. I stated that Mr. White
H.F.White. had not done a day's work for two months, and, from the Certifi-
cates given by I>rs. Moncrieff and Fattorini, it is clear Mr. White
was incapable of doing work from sickness. It was impossible for
me to know he was sick, as I saw him generally daily riding out to
his own Farm, and to where his party were employed splitting for
to fence his Farm.
GIPPS TO GLENELG. 375
I have also frequently met him at dinner Parties, and, judging 1838.
from appearances, there was nothing the matter with him. As to 18 April.
laying out the additional allotment in this Town, it could be little
more than one day's work.
It would be impossible to prove it, but, from what I have been
told. I am perfectly convinced that Mr. White went to the Plains
on the 21 January for the real purpose of measuring and dividing
a private property belonging to Mr. Wilson and family.
It is not to be supposed that I can be much of a Judge if a Sur-
veyor does his duty or not ; but, as far as employing the Men and
Oxen under his Charge, I still say. were either Mr. Thompson or
myself to act so for our own benefit, we should expect to be dis-
missed.
Mr. White states his Oxen require to be worked to make them Criticism by
steady ; but this I deny, as all but one have been in the Depart- w- f- , Gray
ment for nearly six years. When Mr. White first came to this byH. RWhite.
district, and took charge of them, he was afraid they would be
restive having been so long idle : but to his and my astonishment
they went perfectly quiet. Even if they require work, he could
have in many ways done so for the Service of Govt. I cannot
conceive what Mr. White means by working his Men in spare
hours ; it is notorious that they have been worked at all hours in
his Farm in fencing and drawing in Building Materials for the last
tiro months at least, which has been observed by many besides
myself. With regard to Mr. White's statement that it is customary
in this District to allow the Prisoners in the Service of Government
to employ themselves during certain hours of the day as they
think proper ; There is a letter from the Colonial Secretary in this
Office, authorizing the Police Magistrate to allow some of the well
behaved Men to work on the Saturday, provided they have given
entire satisfaction to their Superintendent with regard to the work
done through the week ; but Mr. White could shew no instance but
his own of the Person, who was over them, ever employing them to
his own advantage as he has done.
I have still to answer that part of Mr. White's letter, wherein
he states I altered the line of Road; it was done by the Overseer
when I was in Sydney, but Mr. White is perfectly aware whenever
I returned, the line, the Overseer was pursuing by mistake, was
stopped and the proper line made, as the road will now shew, and
Mr. Ackroyd was present when Mr. White went along the line
with me.
Mr. White uses a subterfuge in stating that I had no Such vehicle
as a Buggy, when I offered to drive him out to mark the line of
road. I had certainly not one of my own property, but had two.
the property, one of Major Innes, the other Mr. Allen's, and pressed
Mr. White much to go.
Should his Excellency wish to question Dr. Moncrieff with regard witnesses
to the charge against me for assisting to build his House, he pro- available.
ceeds on Subpoena to Sydney by this Steam Boat. I particularly
request his Statements may be taken in writing, as he is an inti-
mate friend of Mr. White's and none of mine. Major Innes also
proceeds to Sydney by this Steam Boat. and. if he is required to,
he can prove that I have nothing to do in giving the Boat to Mr.
< >ak<>s; and the Certificate of Good Conduct, given by him to Mr.
White, alludes to the period previous to Mr. White going to the
Wanning River about three or four months back.
376
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
13 April.
Decision by
K. Snodgrass
in case of
H. F. White.
Mr. White states that I am frequently at my Farm for three or
four days at a time. I never have been more than one hour on my
Farm at one time, neither do 1 take any management of it myself
as I pay a Gentleman in the Neighbourhood to take the Sole charge.
If enquiry is made, there is not one Settler in the District that I
have ever in any way neglected my duty.
I have, &c,
W. N. Gray. P.M.
[Enclosure No. 6.]
Decision by Acting Governor Snodgrass.
Having perused with attention the reply of the Police Magistrate
of Port Macquarie to the charges of Mr. Assistant Surveyor
H. F. White, I am of opinion as regards the first charge that, under
th0 circumstances stated by Mr. Gray, that with reference to the
fjrst charge, he was justified in Sending the Man alluded to therein
to the Clerk of the Works. On the 2d Charge, it appears to me,
that no blame whatever attaches to Mr. Gray. On the 3d Charge,
I am of opinion that he was called upon to take away the Earth
and otherwise assist in clearing the allotment filled up by orders
of his Predecessor, which it does not appear that he did, although
he admits of allowing one or two Men in Irons to assist in his
own presence in laying some Sleepers, in which he cannot be alto-
gether justified.
On the 4th that he was quite right in having the Clearing of the
Streets taken to the Government Garden for the Purpose of Manure
by Prisoners of the Crown. On the 5th that this Charge is vague
and therefore cannot be answered. On the 6th I am further of
opinion that, if the Road, Mr. White calls a private one, was be-
gun by the predecessor of Mr. Gray, the latter would naturally
think it beneficial to the Public (which I believe it is) and finish
it accordingly ; in doing which no blame can attach to him. With
respect to the 7th and 8th Charges. I find that Mr. H. F. White is
interfering very indecorously with the decision of a Bench of Magis-
trates and with the Administration of Justice.
Having thus given a Summary of my opinion upon the Charges
preferred against the Police Magistrate, I now revert to those
brought forward against Mr. White, although I disapprove of the
manner in which they have been preferred. I am of opinion that,
notwithstanding it does not appear that he had not done so much
work as could be expected from his state of health as reported by
the Police Magistrate, yet it is quite evident that he did work on
his own Farm, and undoubtedly for his own profit and advantage,
for which he assigns reasons quite inadmissible. The letter of the
Superintendent of Convicts distinctly states that Mr. White had
employed both Government Men and Oxen for two months in split-
ting fencing and drawing materials for his own Farm. I have
examined Major Innes on the several points referred to above, and
he bears testimony to the perfect innocence of the Police Magistrate
on every charge brought against him ; whereas he does not do so
with respect to that, preferred against Mr. White, of having em-
ployed Govt. Men and Cattle upon his own Farm for his own profit
and advantage; and I have therefore no hesitation in pronouncing
the whole of Mr. White's Charges against the Police Magistrate of
Port Macquarie as frivolous, vexatious and uncalled for: and I
have to regret that there is so much cause to form a very
GIPPS TO GLENELG. 377
different opinion on the charges preferred against Mr. White of 1838.
having worked Govt. Men and Horses for his own profit, for doing 13 April,
which it would certainly be my duty, however painful, to suspend Decision bv
or dismiss him from the Situation of Asst. Surveyor; but, in con- k. Snodgrass
sideration of the high character given by the head of his Depart- in case of
ment of his Zeal and activity, and the general satisfaction he has H- F- ^ hlte-
given to the Settlers, I will refrain at present from taking this
Step ; but I require him to withdraw the groundless charges he has
brought forward against the Police Magistrate and request that
he may not be again employed as a Surveyor in the District of
Port Macquarie, to which another Officer is to be sent capable of
keeping the Surveying party in some better State of discipline than
they appear to have been in. as Shown by the 7th Charge drawn
out by Mr. White himself and commented upon by the Police
Magistrate. K.S.
Let a copy of the Police Magistrate's reply be sent for the per-
usal of the Deputy Surveyor General, and inform him that Mr. Gray
does not admit of having altered the line of Road, as complained of
by Mr. White, and which is corroborated by Major Innes.
[Enclosure No. 7.]
Order for suspension of Mr. H. F. White.
Mem. for Colonial Secretary, 23 Feby.
Having waited until the Upton Castle with Sir George Gipps on Order for
board is signalized without receiving Mr. White's reply to that |PsPenJIJ£"of
part of my letter of . . . that relates to his withdrawing the ' ' ' e'
Charges he brought against the P. Magistrate of Port Macquarie,
brought by him in retaliation but in no way vindicatory of what had
been alleged against himself, and, understanding also that he has
declined or complained against being removed to another District,
as ordered by the Deputy Surveyor General, I am left no alternative
but to direct that Mr. Asst. Surveyor H. F. White be suspended
from his situation for having, while at Port Macquarie. made use
of Government Cattle and Men on a Farm he had purchased for
his own profit and interest, and against the established rules of
the Service and orders of the Department and Government ; For
having his party, in consequence of their being so allowed to work
for himself or others, in a disorderly state of discipline ; and for
bringing forward charges against the Police Magistrate at Port
Macquarie of a frivolous, vexatious and groundless nature.
Sydney, 23 Feby. K. Snodgrass.
[Enclosure No. 8.]
Dep. Surveyor-General Perry to Colonial Secretary.
Sir. Surveyor General's Office, 17th January, 1S38.
Having received from the Police Magistrate at Port Mac- Transmission
quarie a note in a Private form (but with a discretionary sanction ^SSSSlSdat
to make it official) charging Mr. Asst. Surveyor White with neglect h. P. White,
of duty, misappropriation of the Services of the Prisoners attached
to his party for the purpose of assisting him in his public duties,
ami making a false Statement respecting the interference of the
Magistrate in the work that he was performing, in pursuance of my
instructions. I furnished Mr. White with a copj of the Note above
referred to, and called upon him for an explanation of the Conduct
378
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 April.
Transmission
of papers re
charges against
H. F. White.
computed to him in the above particulars ; he has given in a Letter
of yesterday's date, which I have the honor to transmit herewith
(to be returned) for the Information of His Excellency the Gov-
ernor, who I have no doubt will find the Explanation Satisfactory,
and the exculpation Complete as far as regards the performance
of his duty to the best of his abilities, considering the very in-
different State of his health. The matter would have rested here.
were it not that an allusion is made to it in your Letter No. 30/17
of the 11th Instant, in consequence of my having casually men-
tioned the circumstance to his Excellency the Governor ; but, such
being the case, I have the honor to request that you will lay before
His Excellency the Governor the whole of the papers connected
therewith, viz. :
1st. Mr. White's report of the 13 November, 1837, transmitted to
you by my letter of the 25 of the same Month, No. 37/570, but to
which I have not received a reply.
2d. A copy of Mr. Gray's note of the 5 January, 1838.
3d. Mr. White's reply to my letter of the 8th January, 3S/12.
enclosing a Copy of the above, accompanied by Medical Certificates
of ill health, and other Certificates as to his conduct in the district ;
to which I have only to add that I have always found Mr. White
to be a most intelligent, active and Zealous Officer, ardently at-
tached to his profession, and giving general Satisfaction to the
Settlers in whatsoever District he has been employed.
I have, &c,
S. A. Perry, Dy. S.G.
Letter
acknowledged.
Allegations
re deviation
of road by
W. N. Gray.
[Enclosure No. 9.]
Mr. H. F. White to Dep. Surveyor-General Perry.
Sir, Sydney, 22d Feby., 1838.
I have the honor to acknowledge your letter No. 38/39 20th
Inst., transmitting to me a Copy of His Excellency the Acting
Governor's decision on the charges I had brought against the Police
Magistrate at Port Macquarie, as wTell as on those preferred against
me by that Officer, also forwarding to me a Copy of Mr. Gray's
defence, and informing me that he does not admit of having altered
the road as complained of, which fact is corroborated by Mr. Innes.
In reply to that part respecting the alteration of the road, I have
to repeat once again that the road has been made in places where
I did not deem it expedient to mark it. I have already urged an
investigation in order that I might be able to prove the correctness
of my Statement.
With regard to any exparte Statement which may have been
given by Mr. Innes on the Subject, I have to remark that, after
it was a matter of official Correspondence, Mr. Innes said, in the
presence of two Gentlemen, that he had never been on the line I
marked nor on that made by Mr. Gray.
With reference however to Mr. Innes's statements that he knew
nothing of the Subject. 1 would beg to Submit that his Statement
Should not be received on the grounds that one of the Deviations
from the line I marked was made by Mr. Gray to avoid its being
carried through a paddock belonging to him, through which Mr.
Innes did not wish it to pass.
It cannot be stated by Mr. Gray that this deviation was made
by the Overseer, while he was in Sydney (Mr. Gray in his private
GIPPS TO GLEXELG. 379
Dote to the Deputy Surveyor General denies the road being altered 183S.
at all ) as Mr. Gray asked me if I would alter the line I had marked, 13 April.
so that it would avoid Mr. Innes' paddock. I refused, stating that Allegations
1 had marked what I considered the best line, and would not alter re deviation
it for any one. w'STcfcav
The Deviation is about a quarter of a mile from where my marks
are.
Before making any observations on the defence of Mr. Gray to Surprise of
the Charges brought by me against him, I beg to State that, after H.P.White
having been given to understand that persons should be sent to at decisl0n-
Port Macquarie to investigate them, who could have no interest
with either party. I am much surprized that a decision Should be
made on the mere Statement of Mr. Gray, the party accused, cor-
roborated by the Evidence only of Mr. Innes, a friend of Mr. Gray
and connected with him in the Charges I made.
Inspecting the 3d Charge, viz.. With having allowed an Iron Allegations re
Gang to till up an Allotment in the Town of Macquarie to a level employment of
with the street about 20 feet to enable the Proprietor to build a ^"/^fj^
house thereon, and with having allowed the same Gang to cut and
lay Sleepers there for a House on the same, to which Mr. Gray
replies that he supposes that I must mean a house built by Dr.
Moncrieff on a piece of ground purchased from Lieut. Morton, which
ground was filled by his predecessor, but with no intention to Serve
any one; that one day he, Mr. Gray, ordered two or three of the
Iron Gang in his presence to assist the Carpenters employed in
placing the Sleepers, and thus the ground. I allude to, " teas not
filled up 1)1/ him."
In reply to this Explanation of Mr. Gray. I have to State that,
in making the Street by which the allotment is bounded, some
Earth naturally fell from it into the allotment, the allotment being
so much lower than the Street, and the side of the Street not being
walled up. Mr. Gray is right in saying this was done by his prede-
cessor with no intention to serve anyone; but to prove the truth of
what I had Stated Mr. Gray had allowed the Iron Gang to do. I
request the Copy of the following letter to Dr. Moncrieff may be
read and his answers to two of the questions contained therein.
Sir. Sydney. 20 Feb., 183S.
Having felt it my duty to report to the Govt, that Mr. Gray,
the Police Magistrate at Port Macquarie, had allowed the Iron
Gang to be employed in filling up an allotment of Ground, pur-
chased by you from Lieut. Morton, and with allowing part of the
same Gang of men to be employed at work on Sleepers there, as you
must be acquainted with the circumstances better than any other
person, I have to request you will return me answers to the follow-
ing questions : —
1st. Whether an Iron Gang was employed by the Sanction of
Mr. Gray in filling up an allotment purchased by you from Lieut.
Morton for the purpose of enabling you to build a house thereon?
Answer. "The Iron Gang did fill up a Portion of my Allotment
to enable me to build a house thereon by the Sanction of the
Police Magistrate." Geo. Moncrieff.
2d. Whether Men forming part of the same Iron (Jang were on
Several occasions at work in cutting Sleepers which had been
brought there by you.
Answer. "They were." Geo. F. Moncrieff.
380
HISTORICAL RECORDS OF AUSTRALIA.
1538.
13 April.
Allegations re
employment of
iron gang by
W. N. Gray.
Allegations re
construction of
private road.
Exoneration
of W. N. Gray
from charges.
Refusal by
H. F. White
to withdraw
charges.
When the allotment was in the possession of Lieut. Morton, he
asked Mr. Gray to allow the Iron Gang to till it up so that he could
build upon it, but Mr. Gray told him he could not do it as it was not
for the good of the public. It was in consequence of this refusal
that Mr. Morton sold the allotment to Dr. Moncrieff at a very low
price, immediately after which, that which had been refused to
Mr. Morton as improper was done for Dr. Moncrieff.
His Excellency the Governor has misapprehended the complaint
on this Subject, as appears by His Excellency's decision, " That he
is of opinion that Mr. Gray was called upon to take away the
Earth and otherwise assist in clearing the allotment filled up by
his predecessor."
On referring to my letter, it will appear that I did not complain
of Mr. Gray's having taken away earth from the allotment.
In answer to the 6th charge, " With having employed Govt,
means to make a private carriage road and erect a Bridge." Mr.
Gray states that I must allude to a Bridge commenced by Major
Sullivan and which was almost completed on his taking charge.
He does not give any explanation why the road was made, which
was commenced by him.*
His Excellency justifies Mr. Gray in making the road by his
belief that it is beneficial to the Public.
I beg to state that it cannot be beneficial to the public, as it
leads only from Mr. Innes' house to the Sea-beach where there are
no Farms, nor can it lead to where there are any. Mr. Gray States
himself that it is of more use to Mr. Innes than any other person.
Mr. Gray then States that it would be impossible to prove it,
but. from what he has been told, he is perfectly convinced that
I went to the Plains on the 21 January for the real purpose of
measuring a private property, etc. Mr. Gray here states that he
is perfectly convinced of a circumstance, wmich he admits it would
be impossible to prove; so far does he allow his feelings to mis-
lead his reason.
With reference to that part of Mr. Gray's letter which States
" that the laying out of the additional Sections in the Town could
be little more than one day's work," I beg to refer to this part of
his letter in which he States " that it is not to be supposed he can
be much of a Judge if a Surveyor does his duty or not."
His Excellency Mates in his Minute that he has examined Major
Innes, and he bears testimony to the perfect innocence of Mr. Gray
on every charge brought against him, although His Excellency
himself remarks that in one instance Mr. Gray was not altogether
justified.
Accompanying this is the copy of a letter written by Major
Innes, in which he States that he did not say that every statement
made by me respecting the Police Magistrate wTas untrue, and I
cannot comprehend how he can bear testimony to the innocence of
Mr. Gray without denying the truth of the Accusations made against
him.
In reply to that part of His Excellency's Minute, wdiich requires
me to withdraw the charges I have brought against Mr. Gray, I
have the honor to refer to the enclosed copy of a Letter from Mr.
Steele, J. P., and to that of Dr. Moncrieff. as evidence of the truth
of the charges I have made, and which Charges His Excellency
informed me were very serious ; and to observe that I cannot,
* Marginal note. — I have to request that the copy of a letter (attached to this)
from Mr. Steele, a Magistrate in the District may be read.
GIPPS TO GLENELG. 381
consistently with truth or reason, withdraw charges as groundless, 1838.
which I know to be, and am proving to be. strictly true and well 13 April,
founded.
His Excellency concludes his decision by requesting that I may Protest by
not be again employed in the district of Port Macquarie, to which ^^vaHrom6
another Officer may be sent, capable of keeping the Surveying Party peort Macquarie.
in some better state of discipline than mine appear to have been.
1 have to reply —
1st. That I went to the objectionable district of Port Macquarie
under a positive stipulation with the Deputy Surveyor General
that I should not be removed ; that I have entered in consequence
into arrangements which I cannot alter or abandon without seri-
ous pecuniary loss; and that I consequently object to remove from
Port Macquarie or to release the Government from the engagement,
which it has made through the head of my department without
being reimbursed for my losses.
2ndly. That I object to being removed because such removal
would be an indirect censure, which I cannot submit to, as I have
proved my strict attention to my duties, the absolute untenableness
or harmlessness of Mr. Gray's charges, and the perfect satisfaction
of the head of my Department, he not having passed any censure,
direct or otherwise, on my conduct.
3rdly. That I object to being removed from roy district as a
Surveyor for having brought, and supported in my character as a
Citizen as far as opportunity has been offered, serious charges
against a public delinquent.
4thly. That I object to being removed on the plea of a want of
discipline in my party, as the fact, if it exists, originates in the
nature of things, and in the material of the Police at Port Mac-
quarie, rather than in a want of firmness or discretion on my part.
I cannot conclude this Communication without expressing my
regret that His Excellency's urgency for my reply to his decision,
intimated to me by the Deputy Surveyor General this evening,
should have precluded the possibility of my bringing together a
more convincing body of fact, or a more elaborate and satisfactory
argument ; but I trust that, in even this brief and hasty reply, His
Excellency will perceive Sufficient reason for renewing his original
intention of instituting a fair and open enquiry into charges touch- Request
ing the character and conduct of two of the Officers of his Govt., for inquiry.
and without which I will never rest satisfied either as a public func-
tionary or an Individual of respectable standing in Society.
I have, &c,
H. F. White, At. Surveyor.
[Sub-enclosure No. l.J
Major Innes to Mr. H. F. White.
Sir. Sydney, 10 Jany., 183S.
In reply to your letter of this day's date, asking me to in- statement by
form you if I had told His Excellency the Acting Governor that A- c- Innes-
every statement, you had made in a letter to the Colonial Secretary
respecting the Police Magistrate at Port Macquarie, was false, I
have to inform you that I did not. I remain. &c,
A. C. Innes.
382
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
13 April.
Value of road
to lake Innes.
[Sub-enclosure No. 2.]
Mr. C. Steele to Mr. H. F. White.
Sir, Sydney, 23 Feby., 1838.
In reply to your letter of the 22d lust, requesting me to state
whether a road leading from the house of Mr. Innes to the Sea-
Beach at Lake Innes is of benefit generally to the Public, and
whether it could have been made with any view to public utility. '
I have to say that I am surprised that any question shd. have
been raised on the subject, as, by reference to the Map of the
County, it might at once be determined ; but, as you require my
opinion from my knowledge of the District, I have to say that I
consider it to be of no use whatever to the Public, and that it can
only be of use to the Individual through whose land it passes and
made solely with a view to his benefit. I am, &c.,
Charles Steele.
[Sub-enclosure No. 3.]
Mr. C. Steele to Mr. H. F. White.
Sir, Sydney, 13 Feby., 1838.
I have received your letter of the 12th Instant, requesting
me to state if I know certain complaints made by you against the
Police Magistrate of Port Macquarie, contained in a letter of yours
to the Colonial Secretary (a copy of which is forwarded with your
letter) to be true.
Opinion of As I have been accused of having a personal feeling towards
c. Steele re the Individual in question, I reluctantly address you on the subject ;
charges against b^ at tjie same time, I conceive that I am bound to say that I
• N- Gl-ay. can testify on Oath to the truth of part of these complaints, and
as to the rest, which have not come under my notice, I have heard
respectable people speak of them as facts.
I am, &c,
Charles Steele.
[Enclosure No. 10.]
Dep. Surveyor-General Perry to Colonial Secretary.
Sir, Surveyor General's Office, 26th Feby., 1838.
In transmitting to you for the information of His Excel-
lency the Governor the accompanying letter from Mr. Asst. Surveyor
H. F. White, in reply to one which I addressed to him on the
20th InS'tt. conveying the Acting Governor's decision on certain
charges which Mr. White preferred against the Police Magistrate
at Port Macquarie and which His Excellency, after a minute en-
quiry, pronounced to be " frivolous vexatious and uncalled for," and
in consequence required that Mr. White should withdraw the
groundless charges. I have the honor to state that on the 22d Instt.
I distinctly informed Mr. White of His Excellency's desire to have
an answer to his Minute, requiring the withdrawal on the following
day ; but, although this answer is dated Sydney the 22d, it was not
received at the Office until the 26 Instt., three days after the ter-
by h f. White, ruination of His Excellency's Administration, and when it must
have been known that Colonel Snodgrass had not the power to
overturn the decision of the Acting Governor.
I have, &c,
S. A. Perry, Dy. S.G.
Transmission
of letter from
H. F. White.
Delay in reply
GLENELG TO GIPPS. 383
Lord Glenelg to Sir George Gipps. 1838.
14 Apr1]
(Despatch No. 101, per ship John Renwick; acknowledged by
Sir George Gipps, 23rd February, 1839.)
Sir, Downing Street, 14 April, 1838
I have the honor to transmit to you the copy of a letter Advance to
from the Secretary to the Board of Treasury with its enclosures JJio^iaiservice.
respecting an advance of Fifteen Thousand, Two hundred and
Forty three Pounds, which has been issued by their Lordships'
directions to Mr. Barnard for Emigration Service on account
of your Government.
You will cause the said amount to be paid over without delay
from the Colonial Funds to the Military Chest in New South
Wales. 1 have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Ltnder Secretary Stephen.
Sir, Treasury Chambers, 12 April, 1838.
I am commanded by the Lords Comnirs. of H.M. Treasury
to transmit Copy of 'a letter from Mr. Barnard, and of its Enclo-
sure, respecting an advance which is required on account of the
Current Services of the Govt, of N. S. Wales, with Copy of the
Report of the Commrs. of Audit thereon, an:l to request that, in
submitting the same to Lord Glenelg, you will inform his Lordship Advance
that, in pursuance of the arrangement that has been sanctioned authorised.
in regard to the advance of Funds required in this country for
defraying charges relating to Emigration to the Australian Settle-
ments, My Lords have authorised the issue to Mr. Barnard of
£15,243 on account of the Govt, of N. S. Wales.
I am further directed to request that you will move his Lordship Refund required
to instruct the Governor of N. S. Wales to cause the said amount to military
to be paid over without delay from the Colonial Funds to the
Military Chest on the Station in repayment of the advance made
to the Agent General. I am, &c.,
A. Y. Spearman.
[Sub-enclosure No. 1.]
Mr. E. Barnard to Mr. A. Y. Spearman.
Sir, London, 5 April, 1838.
in compliance with the Instructions signified in Mr. Application for
Stewart's letter of the 19th June. 1838, directing me, in the event ^B^rn^rd
of Money being required for any of the Crown Colonies, to address
the Lords Commrs. of the Treasury, accompanied by a Statement
according to the form transmitted in the letter ; I have now the
honor to enclose, for the information of their Lordships, a state-
ment shewing that the sum of £15,243 is required on account of the
Current Services of the Govt, of X. S. Wales. j am &c<
E. Barnard.
384
HISTOEICAL RECORDS OF AUSTRALIA
183S.
14 April.
Financial
statement re
New South
Wales agency,
Opinion
of audit
commissioner;
re; advance to
agent.
[Sub-enclosure No. 2.]
Statement of New South Wales Agency.
Balance in hand 1st Jany.. 1838 .«. . £378
Reed, in pursuance of Treasury warrant dated
20 Jany 12,267
£12,645
Paid between 1st Jany. and 5 April, 1S38 £10,719
£1,926
Estimate of Payments to be made.
Freight, Stores, etc., for Emigrant Ships,
now payable £7,669
Do. on acct. of Do. expected to sail before
1 July 7,700
Pensions and Salaries 700
Incidental Payments 1,100
17,169
Balance to be provided for £15,243
Note. — The Balances in hand on acct. of other Colonies is as
follows : — •
V. D. Land £3,456
Gibraltar £89
Malta £365
Which Balances do not exceed the amount, which will be required
for the Current Services of the respective Colonies.
Edwd. Barnard.
Agent General for Crown Colonies.
2 Parliament Street, 5 April, 1838.
[Sub-enclosure No. 3.]
Audit Commissioners to Lords Commissioners of
H.M. Treasury.
My Lords, Audit Office, 6 April, 1838
In obedience to your Lordships' order of reference, dated
5th Instt., on a letter of E. Barnard, Esq., of the same date trans-
mitting a Statement, shewing that a sum of £15,243 is required by
him almost immediately for the service of the Colony of New South
Wales; We have the honor to report that, as it does not appear
that any advance can be made by Mr. Barnard out of the funds of
the other Colonies for which he is Agent towards meeting the
demand, and as nearly the whole amount demanded arises out of
the New Emigration Arrangements, we have only to state that, if
the demands of £7,669 and £7,700 for freight and Stores, etc., arise
out of the arrangements, which have been sanctioned by your Lord-
ships or by the Secretary of State, we apprehend that it will be
necessary to cause the advance requested to be made to Mr. Bar-
nard, directions being at the same time given thro' the Secretary
of State to the Colonial Authorities to transfer the amount to the
Military Chest. We are, &c,
F. S. Larpent.
h. f. luttrell
Henry Arbutiinot.
GIPPS TO GLENELG. 385
Sir George Gipps to Lord Glexelg. i/apHI.
(Despatch No. 60, per H.M. ship Buffalo; acknowledged by
lord Glenelg, 8th November, 1838.)
My Lord, Government House, 14th April, 1838.
ti- k<
Bowman
I beg to report to your Lordship that I have this day inti- Jem0
mated to Mr. James Bowman, late Inspector of Colonial Hos- from monthly
pitals in this Colony, that, as he has now ceased to perform any pay hst-
duty for more than two years, I cannot, without your Lordship's
express sanction, continue his name any longer on the Monthly
pay list of the Medical Department.
Mr. Bowman's case was fully reported to Your Lordship by
Sir Richard Bourke in his Despatch of the 15th June, 1836,
No. 65; and it is, I am given to understand, in consequence of
no answer having been received to that despatch that payment
has been continued to Mr. Bowman of his salary, at the rate of
£850 a year, in the idea that he might be entitled to a gratuity,
equal to two years' pay, under the Despatch from Lord Goderich,
dated the 29th September, 1831, No. 27. I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glexelg.
(Despatch No. 61. per H.M. ship Buffalo; acknowledged by
lord Glenelg. 7th November, 1838.)
My Lord, Government House, 16th April, 1838. 16 APriL
Herewith I have the honor to transmit to Your Lordship Transmission of
a Memorial from Mr. Edwin Park, soliciting a Grant of land in E.Tark.
consideration of his having come out from England in the year
1830 on the faith of the Government Kegulations of 1827.
Mr. Park, your Lordship will observe, does not claim a Claim for
secondary grant of land under the recent Kegulations of the JSnt.17 la"d
27th June, 1837, but a primary one on the ground of his having
been prevented obtaining one, seven years ago, by the introduction
of the Land Regulations of 1831.
There is no reason to doubt the correctness of Mr. Park's Criticism
statement, as far as the date of his arrival in the Colony and the
amount of Capital brought with him are concerned; but, on the
other hand, there is no proof whatever of his having come out
with the intention of devoting himself to Agricultural pursuits;
and, even allowing this to have been the case, there was full
time, between the date of his arrival in 1830 and the promul-
gation in the Colony of the New Regulations, on the 1st July,
1831, for him to have put in his claim to the Local Government;
Sbr. I. Vol. XIX— 2 B
386
HISTORICAL RECORDS OF AUSTRALIA.
1838.
16 April.
Criticism
of claim.
Memorial
of E. Park
soliciting
land grant.
as lie did not do so, any disappointment, that he may have ex-
perienced, is I think justly chargeable on his own remissness or
delay; and consequently, in transmitting his Memorial, it is not
my intention to press in any way upon your Lordship a com-
pliance with the prayer of it. I have, &c,
Geo. Gipps.
[Enclosure.]
The Humble Memorial of Edwin Park, of Woodstock, in the
County of Bathurst, and Colony of New South Wales,
Grazier,
To Her Majesty's Principal Secretary of State for the Colonial
Department, etc., etc., etc.,
Humbly sheweth,
1. That, in the year 1830, your Memorialist emigrated from
Great Britain to the Colony aforesaid, where he arrived in the
month of November of the same year.
2. That your Memorialist's views in proceeding to the said Colony
were to settle therein permanently, as an agriculturist or grazier ;
and he accordingly emigrated on the faith of his receiving a Grant
of Land proportioned to his Capital, under the Government Regula-
tions of 1826-7.
3. That your Memorialist brought with him to the said Colony
a capital, immediately available for agricultural purposes, equal
to the amount entitling him, under the said Regulations, to a
Primary Maximum Grant of two thousand five hundred and Sixty
(2,560) Acres of Land. In testimony hereof, Vide Appendix A.
4. That, soon after his arrival aforesaid, your Memorialist com-
menced a series of journeys throughout the interior of the Colony
for the purpose of enabling him to decide as to the most eligible
locality wherein to select his land and to settle, the said journeys
necessarily consuming several months of his time.
5. That, on the return of your Memorialist from the interior to
Sydney in the month of May or June, 1831, he found, to his great
surprise and disappointment, that a new code of Regulations had
been adopted by His Majesty's Government, whereby the system of
alienating Crown lands otherwise than by sale had been entirely
abolished ; and, from the absolute and unconditional terms in
which the said Regulations were promulgated by the local Govern-
ment, your Memorialist, in common with the Colonists generally,
could come to no other conclusion than that all outstanding claims
to free Grants were thereby intended to be for ever barred and
extinguished. Vide Appendix B.
6. That, your Memorialist having thus, as he conceived, become
precluded from all chance of obtaining a Grant from the Crown,
he soon after purchased a private estate of nineteen hundred and
twenty (1,920) Acres, being the estate of Woodstock aforesaid,
whereon he has ever since resided.
7. That, in making permanent improvements upon the said estate,
consisting of fences, cultivation, and the erection of a substantial
dwelling-house and offices, your Memorialist has expended about
one thousand pounds (£1,000) sterling.
GIPPS TO GLENELG. 38'
8. That your Memorialist, from a desire to improve the fleeces of ^g.
the Colony, has from time to time imported from England, at a 16 April,
very heavy expense, considerable numbers of fine-woolled sheep, ~~7
selected and purchased on his account from the celebrated flocks of of^pXk
Lord Western, in the county of Essex; and so valuable an acquisi- soliciting
tion have the said importations been deemed by the flock-masters land grant,
of the Colony, that some of the rams have been eagerly purchased
from your Memorialist at the high price of thirty five pounds (£35)
sterling per head.
9. That, from a desire also to improve the breed of horses within
the Colony, your Memorialist, in conjunction with a brother settler,
recently ordered the purchase in England of two superior Stallions,
which were accordingly shipped at your Memorialist's half -risk ; but
both of them unfortunately died at sea from exhaustion induced
by foul weather in crossing the Bay of Biscay ; whereby your
Memorialist became a direct loser to the amount of three hundred
pounds (£300) sterling in Cash.
10. That your Memorialist is now possessed of eight thousand
(8.000) Sheep, from four hundred (400) to five hundred (500)
head of Cattle, and about thirty (30) horses, which, with his real
estate aforesaid and other property, are equal to a capital of about
fourteen thousand pounds (£14,000) sterling.
11. That it was not until his attention was called to the Govern-
ment Notice on the subject of " additional Grants," dated the
27 June last, and published in the New South Wales Government
Gazette of the date following, that your Memorialist became aware
that it never was intended by His Majesty's Government that the
new Regulations of 1831 should be construed to the prejudice of
rights accruing under the former Regulations ; and, being now
satisfied that in having supposed that the Government had broken
faith with him, and in having therefore abandoned his claim as
hopeless, he was led astray by the incautious and uncandid manner
in which the said new Regulations were notified by the local
authorities, he humbly appeals to your Lordship for that redress
which the justice of his case requires, and which he feels confident
your Lordship will cheerfully accord.
AVherefore your Memorialist humbly prays that your Lordship
will be pleased to take the premises into your most favorable con-
sideration, and thereupon to authorize and instruct His Excellency
the Governor of New South Wales to cause such enquiry to be made
into the truth of the foregoing statements as to your Lordship may
seem proper; and, upon the truth thereof being established by
reasonable evidence, to make to your Memorialist a Primary Maxi-
mum Grant of two thousand five hundred and sixty (2,560) acres
of Land in the aforesaid Colony.
And your Memorialist will ever pray, etc., etc., etc.,
Sydney, New South Wales, 23 February, 1S38. Edwin Pabk.
[Appendix A, referred to in Parafeh. 3.]
Certificate.
I hereby certify that it was known to me in the year 1830, in the course of my Certificate
business as a Merchant of the town of Sydney in the colony of New South Wales, re capital
thai Mr. Edwin Park, the present Memorialist, brought out with him to the said of E. Park.
Colony, a capital equal to two thousand Pounds (£2,000) sterling, available for
agricultural purposes in the said Colony.
Witness my hand this day of , 1838. Tnos. Gore.
388
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
1G April.
Regulations
re disposal
of land.
[Appendix B, referred to in Pargh. 5.]
Extracts from Government Notice, dated 1st July, 1831.
" It has been determined by His Majesty's Government that no land shall, in future,
be disposed of in New South Wales or Van Diemen's Land, otherwise than by public
sale."
" His Majesty's Government having deemed it expedient to substitute new Regula-
tions for those at present in force, respecting the system of granting land in the
Australian Colonies, and according to which no land will in future be dispo>ed of
otltencise than by public sale," etc.
Extract from Government Order, dated 1st August, 1831.
" His Excellency the Governor directs it to be notified that all Crown Lands will
in future be disposed of only according to the Regulations published in the Govern-
ment Notice of the 1st of last month " (i.e. the Notice from which Extracts are
given above).
Extract from " Summary of the existing Land Regulations " dated
the 1st November, 1831, and officially published, " for general
information " in the Australian Almanack for the year 1S32.
" His Majesty's Government having determined to dispose of Crown Lands by Sale
only (printed in Italics) all former Regulations on this subject have been rescinded."'
Lord Glenelg to Sir George Gipps.
(Despatch No. 102, per ship John Renwick.)
it April. Sir, Downing Street, 17 April, 1838.
Omission to The Revd. Mr. Wilkinson, an Assistant Chaplain in New
absence^ranted South Wales, returned to this country in the course of last year
to Revd. on leave of absence.
F. Wilkinson.
He brought with him a letter from the Bishop of Australia
stating that the Governor had no objection to allow him leave
of absence; but Sir Richard Bourke does not appear to have
reported to this Department the leave so granted to ]\Ir.
Wilkinson.
I have pointed out this omission in order to apprize you that,
in case of leave of absence being granted to any Member of the
Ecclesiastical Department of your Government, it will be neces-
sary for you to report the same to this Department according to
the rule observed in regard to other Public Officers.
I have, &c,
Glenelg.
Order for
return for
house of
commons.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship John Renwick: acknowledged by
Sir George Gipps, 3rd December, 1838.)
Sir, Downing Street, 17th April, 1838.
I have the honor to enclose herewith the Copy of an
Order of the House of Commons dated the 3rd instant; and I
have to desire that you will lose no time in causing a return of
GIPPS TO GLENELG. 389
the Religious Establishments of all denominations in the Colony 1S38.
under your Government, together with the expense of the same * pri '
as required by this Order, to be prepared and transmitted to me,
in order that it may be laid before the House of Commons.
I have, &c.,
[Enclosure.] Glenelg.
Resolution.
Resolved, Martis, 30 die Aprilis, 1838.
That an humble Address be presented to Her Majesty that Return
She will be graciously pleased to give directions that there be laid j^"^.01
before this House a Return of the number of persons on the establishments.
Ecclesiastical Establishment of the Church of England, and of the
Presbyterian Church, and other religious denominations, maintained
by grant of public money in each of the Colonies, and in the terri-
tories of the East India Company; stating the rank of each, where
stationed, the expenses of fixed salary, and of allowances of each,
and the total expenses of each Colony (or presidency and depend-
ency) for such Establishments, in sterling money, for the last year
the account can be made up, so as to exhibit the whole amount paid
for the support of Religion of every denomination. (See Parlia-
mentary Paper No. 530, Session 1836.)
Ordered.
That the said Address be presented to Her Majesty by such
Members of this House as are of Her Majesty's most honorable
Privy Council. J. H. Ley, CI., Dom. Com.
[A printed copy of the parliamentary paper, numbered 536, was
annexed. This paper was a return of persons an ecclesiastical
establishments in the territories of the East India company.]
Sir GeorCxE Gipps to Lord Glenelg.
(Despatch No. 62, per H.M. ship Buffalo; acknowledged by
lord Glenelg, 9th November, 1838.)
My Lord, Government House, 17th April, 1838.
Herewith I have the honor to enclose the Duplicate of a claim by
letter from Mr. George Mackillop and others in Van Diemen's settlers for
Land, of which I believe the original has already been for- for losses at
warded to Your Lordship direct. Port Phillip-
The object of this application is to obtain, on the part of gentle-
men not connected with the Port Phillip Association, some com-
pensation for losses or disappointments, similar as they allege
to those for which a compensation of £7,000 has been allowed to
the Association.
I have only to remark on this application that the whole ques- Decision re
tion of compensation to the original settlers at Port Phillip compensation
_ , _ _ . , fto original
appears to me to have been set at rest by your Lordship s Despatch settlers.
to Sir Richard Bourke of the 10th July, 1837, Xo. 341, in which
your Lordship's approval was expressed of the proceedings of tlio
390
1838.
17 April.
18 April.
Legal opinion
obtained re
attack on
aborigines by
expedition
under
T. L. Mitchell.
20 April.
Request for
indent of
convicts per
ship Neva.
HISTORICAL RECORDS OF AUSTRALIA.
Executive Council of New South Wales in respect to that matter,,
and Sir Richard Bourke's Despatch of the 12th November, 1836,
No. 121.
Any attempt to reopen the question of compensation, or to
extend it to other parties, could not fail, in my opinion, to be
attended with very great inconvenience. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this letter will be found in a volume in series III.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 63. per H.M. ship Buffalo.)
My Lord, Government House, 18th April, 1838.
With reference to that part of your Lordship's Despatch
of the 26th July, 1837, No. 353, which directs that the proceed-
ings of the Executive Council of New South Wales, relative to
the attack made on the Black Natives by the exploring party
under Major Mitchell on the 27th May, 1836, should be laid before
the Law Officers of the Colony, who should report whether they
find any cause to doubt the lawfulness of Major Mitchell's pro-
ceedings, or regard a further enquiry necessary for vindicating
the authority of the Law, I have the honor to inform your Lord-
ship that the same has been done, and to enclose a Copy of the
Report which has in consequence been made by the Attorney
General. I have, &c,
[Enclosure.] Geo. Gipps.
[A copy of this report will be found in a volume in series V.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 64, per H.M. ship Buffalo.)
My Lord, Government House, 20th April, 1838.
At the desire of the Superintendent of Convicts, I beg
leave to request of your Lordship that this Government may be
furnished with an Indent of the Female Convicts, who were
shipped in England on board the ship " Neva " in 1835, which
vessel, with the whole of her crew, convicts and passengers, was
unfortunately lost* in Bass' Straits. Such information is neces-
sary to enable the local Government to answer satisfactorily the
enquiries, which are now so frequently made respecting the fate
of Convicts in this country, as the local authorities may for the
want of it incur the suspicion of gross negligence or inaccuracy.
I have, &c,
Geo. Gipps.
* Note 78.
GIPPS TO GLENELG. 391
Sir George Gipps to Lord Glexelg. isss.
23 April.
(Despatch No. 65, per H.M. ship Buffalo; acknowledged by
lord Glenelg, 27th November, 1838, and 17th January, 1839.)
My Lord, Government House, 23rd April, 1838.
I have the honor to transmit herewith a letter, which has Transmission
been addressed to Your Lordship by Six of the Principal Officers complaint and
of the Colonial Medical Department, in which they represent to resignation
-r ,,. , , -i-i. , . , . i- ■ • i t from medical
your Lordship the hardships, which in their opinion they have officers;
been subjected to by the alteration effected in their Department,
when it was placed under a Military Inspector of Hospitals (Dr.
Thompson), and expressing a wish to be allowed to retire from
the service in the event of their Department being continued
under Military Superintendence.
I also do myself the honor to transmit to your Lordship a copy and of letter
of a letter, which the Deputy Inspector of Hospitals has addressed j0™ Thompson,
to me, in consequence of its having come to his knowledge that
the officers above alluded to had prepared a representation to
your Lordship ; and, in order further to explain the case, I must
ask your Lordship's attention to the previous correspondence be- Reference to
tween your Lordship and my Predecessor on the subject of the despatches.
Medical Department in this Colony, contained in the following
Despatches : —
From Sir Kichard Bourke to Your Lordship. — 15th June,
1836, No. 65; 30th Novr., 1836, No. 133; 12th Octr.,
1837, No. 99.
From Your Lordship to Sir Kichard Bourke. — 20th Deer.,
1836, No. 241; 14th Feby., 1837, No. 264; 23d July,
1837, No. 348; 29th Sept., 1837, No. 375.
From this correspondence, your Lordship must be aware that Unsatisfactory
the Colonial Medical Department has been for the last two years medical
in a very unsatisfactory state. department.
The measure of placing the Department under a Deputy In-
spector of Hospitals, with the ultimate intention of assimilating
it to the Military Medical Departments in other Colonies, was
] am inclined to think a judicious one; but, for many reasons
that I need not stop to enumerate, it was not one agreeable to
the wishes or feelings of the officers of the Department in New
South Wales. I feel it also a duty, though a painful one, to incapacity of
express my opinion that Dr. Thompson, whatever may be his ?• v- Thompson
,i ., ,, ,, , to reorganise.
other merits, was not exactly the man calculated to carry suc-
cessfully into effect a measure in itself unpalateable to his sub-
ordinates, being wanting on the one hand in blandness of manner
or conciliatory address, before which opposition might have
gradually given way, and on the other in that firmness and
decision of purpose, which would have overruled it.
392 HISTOEICAL EECOEDS OF AUSTRALIA.
1838. A rupture of a more open nature than what had previously
" ' pn ' existed between Dr. Thompson and his subordinates seems to
Rupture have occurred on the occasion of the dismissal of Dr. Mitchell,
j. v. Thompson the officer who had been for many years, previous to Dr. Thomp-
and J. Mitchell. son>s arrival) in charge of the Colonial Hospital at Sydney; Dr.
Mitchell's dismissal and the cause of it was reported to your
Lordship by Sir Richard Bourke, in his Despatch of the 29th
Septt., 1837, No. 375; and I have now to make your Lordship
acquainted with other circumstances growing out of that dis-
missal, which have tended still further to throw the Department
into confusion. Dr. Mitchell's cause having been warmly
espoused by a portion of the Newspaper press of the Colony, and
aspersions consequently cast on the character and motives of
Dr. Thompson, I regret to say that the latter was imprudently
led to address a letter to the Editor of a Paper called the " Colo-
nist," by which he laid himself open to a prosecution for libel.
Libel action The cause, which was at the suit of Dr. Mitchell, came on during
j! Mitchell the last sittings of the Supreme Court, and a verdict was given
jffvnThompson. against Dr. Thompson with £100 damages and costs, amounting
perhaps to an equal sum. The action was at first brought on
three Counts, the two first of them charged as libellous certain
orders that were issued by Dr. Thompson for the regulation of
his Department, and the third only had reference to the letter,
which appeared in the Colonist Newspaper, as addressed by
Dr. Thompson to the Editor. The Departmental orders, which
formed the two first Counts, being considered privileged publica-
tions, the Attorney General was directed by the late Acting Gov-
ernor (before I arrived in the Colony) to defend the action on
the part of Government; but these two Counts being subse-
quently abandoned, and the issue thus reduced to the question
of the publication in the Newspaper, I directed the Attorney
General not to defend the action ex officio, leaving him however
quite free to defend Dr. Thompson in his private capacity The
trial took place on the 23rd March last, and I enclose herewith
the " Colonist " Newspaper of the 28th March, which contains, I
believe, a very fair report* of it. Your Lordship will observe by
this report that the matter, charged as libellous in Dr. Thomp-
son's communication to the Editor of the Colonist, consisted of
extracts from official documents, written either by the late Gov-
ernor (Sir Richard Bourke) himself, or by his orders; and there-
fore it might appear at first sight that they would have admitted
of an early justification; but it was the fact of their being Ex-
tracts only, and not entire documents, on which the issue entirely
turned, Dr. Thompson having unfortunately sent to the Editor
* Note 79.
GIPPS TO GLENELG. 393
only so much of the official documents, as bore against Dr. 1S38.
Mitchell, and suppressed the parts of them which bore with ~'J_^' '
nearly equal severity on himself. toroehtby1
I have had no communication with the Judge who presided at aT,;a^^he11
the trial, but the Attorney General who was in Court, tho' for ,l v. Thompson,
reasons presently to be stated he did not defend Dr. Thompson,
has informed me that he sees no reason to question the propriety
of the verdict, or the moderation of the damages.
The Attorney General further states that he separated himself
from the defence with the entire concurrence of the Counsel,
who had been retained by Dr. Thompson in his private capacity,
and also with the concurrence of his Attorney, it being clear
to all of these gentlemen that a verdict must be given against
their Client, and it being also their opinion that higher damages
would be given against him, if the Attorney General appeared
in the defence, than if he separated from it; as in the former
case the Jury would hardly be brought to believe that the Gov-
ernment was not a party concerned.
I have the honor to enclose copies of the two Departmental
orders, which were charged as libellous in the two Counts of the
Indictment that were subsequently abandoned; also a copy* of
Dr. Thompson's communication to the Editor of the " Colonist,"
which formed the third count, and the only one on which the
Plaintiff went to trial; and further I enclose Copies of the entire
documents from which Dr. Thompson sent only extracts.
Having thus made your Lordship acquainted with the present
state of the Medical Department, I feel that it may be expected
of me that I should suggest to your Lordship the measures that
ought to be adopted; as however Sir Richard Bourke will in all Proposed
probability be in England before your Lordship can receive this s^F^Bourke
Despatch, and will doubtless, if referred to, afford your Lordship for reforms.
more satisfactory information than I can pretend to offer I feel
it less incumbent on me to express any decided opinion. The
parties and their respective merits are all known to Sir Richard
Bourke, whilst to me they are for the most part strangers, being
stationed in parts of the Colony, which I have not yet had an
opportunity of visiting.
On the question however of compensation to the Officers whose Problem of
letter I now forward to your Lordship, I feel little hesitation in ToTe^rfnY0"
saying that, if they quit the service upon the grounds set forth officers.
ly them, they can have but a feeble claim to it; whilst on the
other hand, though most of them are I believe men independent
in circumstances, and in possession even of considerable pro-
perty, they are not so without exception, and it might be hard
* Note 80.
394
HISTORICAL RECORDS OF AUSTRALIA.
1838.
23 April.
Preference for
army surgeons
in medical
department.
therefore to force them all to retire unconditionally, and more-
over one of them, Mr. Robertson, has already expressed to me his
willingness to remain and even to withdraw his name from the
letter.
In conclusion, I will only add that I entirely concur in the-
opinion, expressed by Sir Richard Bourke in his Despatch to
Your Lordship, of the 30th Novr., 1837, No. 133, that it is desir-
able to introduce Army Surgeons into the Colonial Medical
Department, provided it be determined to maintain a Military
officer at the head of it. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.']
24 April.
Despatches
acknowledged
Sir George Gipps to Lord Glenelg.
(Despatch No. 66, per ILM. ship Buffalo; acknowledged by
lord Glenelg, 27th November, 1838.)
My Lord, Government House, 24th April, 1838.
In my Despatch of yesterday's date, No. 65, I have re-
ported to your Lordship on the state of the Medical Department
of this Colony, in as far as the disagreements between the officer
at the head of it and his subordinates are concerned; I now
propose to reply to those portions of your Lordship's Despatches
of the 20th December, 1836, No. 241; 14th February, 1837,
No. 318; 29th September, 1837, No. 375, and of their Enclosures,
which have reference to the position of the Principal Medical
officer, in respect to the head of the Government and to whatever
relates to his own ease and comfort, in carrying on the duties of
his department, and more particularly to the points touched on
by Sir James McGregor in his letters to your Lordship's Under
Secretary of 14th December, 1836; 27th June, 1837; 17th August,
1837.
In the first place, I have to report that Dr. Thompson has,
j. v. Thompson j believe, always had free access to the Governor in the same
way as every other head of a Department; though his official
correspondence has like their's been conducted in the usual
manner through either the Military or the Colonial Secretary,
and through the latter exclusively in all that concerns the Civil
Branch of his duties since my assumption of the Government-
Emoluments of His emoluments, being granted to him by the Treasury, are
J.V.Thompson. nQt ^ any way under my control. I must however say that I
have no reason to suppose them inadequate to his rank or station ;
and that this was the opinion of Sir Richard Bourke, I am led
Access of
G1PPS TO GLENELG. 395
to infer from a Minute in the following words, made by him on 1S33.
24 Apri
Emolumen
J. V. Thompson-
your Lordship's Despatch of the 14th Feby., 1837, No. 264. 24_April.
" This Despatch is in reply to some communication, made by E
the Deputy Inspector General to Sir James McGregor or some
other person, without my knowledge. I have acted since his
arrival conformably to the instructions now given by the Lords
of the Treasury, and do not propose to recommend any further
or extra allowance whatever either for Deputy Inspector General
or Deputy Purveyor."
I have further to report to your Lordship that the other sug-
gestions, contained in the letters of Sir James McGregor above
referred to, have all been carried into effect, with the sole excep-
tion of an increase to the usual allowance of Travelling money
to Dr. Thompson. The appointment of Dr. Thompson being a Travelling
Military one, all his allowances and that for travelling among the
rest are governed by the Army Regulations. He receives the
same travelling allowances as Field Officers or other heads of
Departments of corresponding rank; and he has moreover forage
for two horses.
The longest journey that Dr. Thompson has ever yet performed
is, as I understand, from Sydney to Windsor, a distance of
35 Miles ; and, though I have no power to grant him any general
increase of allowance, I have informed him that I will not object
to receive as a special case any representation he may think fit
to make, in the event of his ever being required to perform
journies of unusual extent or with unusual expedition.
I enclose for your Lordship's further information
1st. A statement of the pay and allowances, of which Dr. statements
mi . . . L J submitted.
Inompson is in receipt;
2nd. A Comparative Statement of the whole expence of the
Colonial Medical Department in the years 1836 and
1838;
by which your Lordship will perceive that the measure of placing Economy not
the Colonial Hospital under Military Superintendence has not reorganisation.
been attended with any saving to the Public.
I have only further my Lord to explain that neither in this
letter nor in that, which I had the honor to address to you
yesterday, have I any intention to complain of the way in which
the strictly professional duties of the Medical Department in
this Colony are performed. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.']
396
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
2o Aprii.
Despatch
acknowledged.
Encounter
between police
and aborigines
reported.
Papers
submitted to
executive
council.
Inquiry ordered
at Invermein.
Type of
■commissions
to magistrates.
Sir George Gipps to Lord Glexelg.
(Despatch No. <i7. per II. M. ship Buffalo; acknowledged by
lord Glenelg, 16th November, 1838.)
My Lord, Government House, 25th April, 1838.
In acknowledging the receipt of your Lordship's Despatch
of the 26th July, 1837, No. 353, on the subject of the treatment
of the Aboriginal Inhabitants of this Country, and the measures
which are to be adopted when any of them come to a violent
death by the hands of the Queen's officers or by persons acting
under their orders, I regret very much that I have to state to
your Lordship that a case has already occurred, in which I have
found it necessary to act on your Lordship's Instructions.
Your Lordship will perceive by the accompanying report, made
to me by Major Nunn of the Mounted Police, that, previously
to my arrival in the Colony, a rencontre had taken place between
? part of the Police under his orders and a Tribe of the Natives,
in which there is but too much reason to suppose that a number
of the latter lost their lives.
On the receipt of Major Nunn's Report, I deemed it my duty
to lay it before the Executive Council, as well as your Lordship's
Despatch above alluded to, and also a Copy of the Report of the
Committee* of the House of Commons, which was appointed dur-
ing last Session of Parliament to enquire into the condition
of the Aborigines in British Possessions; and I have now the
honor to enclose for your Lordship's information a Copy of the
Minutes that were made by the Council on that occasion.
I had previously consulted the Attorney General on the same
subject, and, as the advicef of the Council was entirely in con-
currence with the opinion expressed by him, I have since given
orders for an investigation into all the circumstances of the case
to take place before the Police Magistrate and Bench of Jus-
tices, which hold their sittings at Invermein in the County of
Brisbane, that Bench being the nearest to the scene of action,
though distant from it perhaps not less than 150 miles.
As your Lordship expressed an opinion, in the Despatch above
alluded to, that an investigation in cases of this nature might
be held before such of the Magistrates as have Commissions for
the whole Colony, it is essential for me to state that the Com-
missions of all Magistrates without exception are for the whole
Colony, and that therefore I could not have made a selection of
any particular Magistrates, without exposing myself to the charge
cf partiality and of deviating without sufficient reason from the
course of proceeding, adopted in the Colony in cases of a similar
nature, where the lives of white men are concerned.
Note
Note 81.
GIPPS TO GLENELG. 397
As the affair took place far beyond the boundaries of location, 1838.
. . 25 April
and in a Country* which has rarely, if ever, been visited by Euro- "
peans, it is impossible to ascertain with any great degree of {JCatiwyScene
correctness the exact scene of it, or the particular Tribe which of encounter.
Major Nun n fell in with. From the distance, however, that
Major Nuim supposes his party to have travelled during an
absence of 53 days, it is probable that the distance of the place
was not less than that which I have mentioned from the extreme
Northern point of the County of Brisbane. The Limits of
Location do not extend to the Northward beyond that County;
but your Lordship is well aware that very numerous licences are Grazing
annually granted to Settlers to graze their flocks and herds to an iiSiSfof e5°n
unlimited distance beyond. I should not perhaps very much location.
err, if I were to say that nearly half the Cattle and sheep of the
Colony are thus depastured beyond what are called the Limits of
Location ; and any attempt to reduce the number of these Licences
would be considered fatal to the prosperity of the Colony.
The Surveyor General is inclined to suppose that the affair Site
happened in about Lat. 29° South, and Long. 150° East, which T.^fMitcheii.
would place the scene of it about 300 miles to the North and 70 to
the West of Sydney. I have, &c,
[Enclosures.] Geo. Gipps.
[Copies of these papers will be found in a volume in series
yi-i
Sir George Gipps to Lord Glenelg.
(Despatch No. 68. per H.M. ship Buffalo; acknowledged by
lord Glenelg, 16th November, 1S3S.)
My Lord, Government House, 27th April, 1838. 27 April.
In my Despatch No. 67 of the 25th instt., I detailed to
your Lordship the measures which I thought it right to adopt,
in consequence of a recent collision between a party of the
Mounted Police and a Tribe of the Native Blacks, and I have
now the honor to acquaint you that I have further deemed it
necessary, with the advice of my Executive Council, to issue Notice proposed
a Government Notice declaring that, in all cases where any of Jn^boiSXies
the Aboriginal Inhabitants of this Territory shall lose their
lives in consequence of a quarrel or collision with white men, an
Inquest or Inquiry shall be held, precisely similar to that which
is held in the located parts of the Territory when a white man
comes to a violent or sudden death, and also declaring that the
Commissioners of Crown Lands, beyond the Boundaries of Loca-
tion, shall act as Protectors of Aborigines.
Your Lordship will perceive by the Copy, which I enclose of
the proposed Notice and which will appear in the Gazette of
* Note 82.
398
HISTORICAL RECORDS OF AUSTRALIA.
1838.
27 April.
Difficulty in
checking
outrages on
aborigines.
Notice re
retention of
black women
by white men.
Reasons for
delay in
publishing
notices.
Murflers by
aborigines.
Wednesday next, that it is founded partly on your Lordship's
Despatch of the 26th July, 1837, No. 353, and partly on the
suggestions thrown out in the Report of the Committee of the
House of Commons on the treatment of the Aborigines in British
Possessions which sat in the last Session of Parliament.
Your Lordship is, I am sure, well aware of the extreme diffi-
culty of devising any measure that shall effectually check the
outrages, which, I regret to state, are now of frequent occurrence
beyond the boundaries of Location. I may not be very sanguine
of the entire success of the one I have resorted to, but, being
the only one within my power, I hope it will meet your Lord-
ship's approbation.
I have also deemed it necessary to republish a Notice, which
appeared in the Government Gazette on the 16th Septt., 1837, on
the subject of the forcible retention by white men of women be-
longing to the Aboriginal Tribes, which there is reason to fear
is often the immediate cause of these outrages.
I have, &c,
Geo. Gipps.
P.S., May 2nd, 1838. — Since the above Despatch was written,
I lament to say that information has been received, both from
the North and South, which, being calculated to exasperate the
public mind against the Blacks, renders it in my opinion desir-
able to defer the publication of these Notices for a few weeks.
To the North, and in the neighbourhood of Major Nunn's late
operations, a man in charge of a Cattle Station, belonging to
a person named Fitzgerald, has been found barbarously mur-
dered, and also two other men belonging to a Surveying party
under Mr. Finch.
From the South, we have accounts of a large Convoy of Sheep
and Cattle, belonging to a gentleman of the name of Faithfull,
having been attacked on the 13th ulto. on their way to Port
Phillip, and eight men killed* out of eighteen, who formed Mr.
Faithfull's party. The particulars of this last occurrence I have
not yet received; but I have directed a Civil Stipendiary Magis-
trate and a party of the Mounted Police to proceed with all pos-
sible haste to the spot, and have given them particular instruc-
tions for their guidance.
The Blacks, who are supposed to have murdered the two men
belonging to the Surveying Party, have been taken, and will be
tried before the Supreme Court. I have, &c,
Geo. Gipps.
[Enclosure.]
[Copies of these papers will he found in a volume in series
FT.]
Note 83.
GIPPS TO GLENELG. 399
Sir George Gipps to Lord Glenelg. 1838.
27 April.
(Despatch marked " Separate and Confidential," per H.M. ship
Buffalo.)
My Lord, Government House, 27th April, 1838.
In my public Despatch of the 25th instt., No. 67, I have Despatches
detailed to your Lordship the measures which I have thought it re aborigine*,
right to adopt, in consequence of the late unfortunate Collision
between a party of the Mounted Police and a Tribe of the native
Blacks, and in another Despatch of this day's date, No. 68, I have
reported to your Lordship that a Government Notice is on the
point of being issued, declaring the Commissioners of Crown
Lands beyond the boundaries of location to be charged with the
duty of protecting the Native Blacks.
Your Lordship must be, I am sure, aware that these matters Tact required
£.re calculated to produce a considerable sensation in the Colony, ™ *^™n re
and that therefore much management is required in the treat-
ment of them. In the Executive Council, an apprehension arose
of the mischief that might ensue, if any offence were given to
the Officers and Men of the Mounted Police, who are (as your
Lordship doubtless knows) all Volunteers from Eegiments of
the Line serving in New South Wales, and at liberty to resign
their Police duties and return to their Regiments when they
please.
I need scarcely, I hope, state that I was equally with the Coun-
cil desirous of avoiding anything either in substance or mode of
expression that could unnecessarily have a tendency of the sort.
With respect to the spot (Invermein) fixed on for the investi- inquiry to be
gation, some inconvenience will without doubt be felt from the i^ermein.
distance of it from Sydney; but the choice only seemed to lie
between Invermein and Sydney itself; and the opinion of the
Council was decidedly against having the investigation in Syd-
ney. Invermein is selected simply because it is the place nearest
to the scene of action of any where an ordinary Police Court
is held.
Major Nunn has stated to me that he thinks the party of Number of
Natives, he fell in with, must have consisted of not far short jJ^Se? *"
of 1,000 persons, including women and children; that they with police.
consisted of tribes but little accustomed to intercourse with white
men; and that they are particularly dexterous with their spears
as well as with a peculiar instrument called a Boomering which
they hurl with great effect.
Your Lordship will observe that Major Nunn does not state Number
in his report the number of men that were killed ; but, from the ° kl le '
conversation I have had with him, I should not think they were
less than ten or twelve, besides a number wounded.
400
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
27 April.
Retaliatory
outrages by-
aborigines
reported.
Reports
confirmed.
Capture of
murderers.
Attack on
partv travel!
to Port
Phillip.
I lament to say that we have since heard of some outrages,
which have the appearance of being retaliatory on the part of the
Blacks. One white man at a distant Cattle station, belonging
to a Mr. Fitzgerald, on the river Gwyder, has been most bar-
barously murdered, and some Cattle belonging to the same
person slaughtered in a way that seems also to indicate its having
been an act of revenge, rather than one of ordinary rapine,
though I am not without hope that they may prove unfounded.
I have, &c, „
Geo. Gipps.
P.S., May 2nd, 1838. — I regret very much to have to state that
the rumours, alluded to in the concluding paragraph of the above
Despatch, have proved but too true; two men belonging to a
Surveying party having been found murdered in a part of the
Country, not very distant from the scene of Major Xnnn's
operations.
The parties however, who committed these murders, have all
been taken, and, as there seems no reason to doubt their identity,
they will all be tried at the next Sittings of the Supreme Court.
Atrocities of a still more serious character have also, I regret
to say, been reported, since the above Despatch was written,
from quite another part of the Country. A party consisting of
no less than eighteen men, who were driving a large herd of
in£ Cattle and a considerable number of sheep from the County of
Murray to Port Phillip, were attacked on the 13-th ulto. by a
party of 300 Blacks and eight of them killed. I have as yet
no particulars of the occurrence; but I have directed a Civil
Stipendiary Magistrate and a party of the Mounted Police to
proceed with all possible despatch to the spot. G. Gipps.
1 May.
Confidential
opinions.
Lull in
party strife.
Sir George Gipps to Lord Glexelg.
(Despatch marked "Confidential," per H.M. ship Buffalo; acknow-
ledged by lord Glenelg, 16th November, 1838.)
My Lord, Government House, 1st May, 1838.
Two months having now elapsed since I entered on the
Government of this Colony, I hope I may be permitted to address
your Lordship confidentially on some points connected with it,
and to impart to your Lordship, with less reserve than that which
usually pervades an official document, the first impressions which
it has made upon me.
I am in the first place happy, my Lord, to be able to say that
the political hostility, existing between opposite parties, does not
appear to be of that mischievous or dangerous nature which I
expected to find it. I am told indeed that the present lull in the
GIPPS TO GLENELG. 401
public mind is to be attributed in great measure to my own lap-
arrival, each party being anxious by a show of moderation to gain __'
me to its side, and that I shall before long see party spirit break Jgg^1 party
out again with renewed fury; that this will to a greater or less
degree be the case, I have not the slightest doubt ; but nevertheless
I am bound to acknowledge that the present state of the Colony
is one of remarkable tranquillity.
The public mind seems most fixed at the present moment on Problem of
the subjects of Assignment, Transportation, and Immigration, Semandfor
or in other words on the means of obtaining labor. That the labour.
sudden withdrawal of Assigned servants would be fatal to the
prosperity of the Colony seems to be the impression of nearly
every one; and I must confess that I cannot help, in great
measure, partaking in this opinion, although there is not, as I
believe your Lordship is aware, any bias in my mind in favor
of forced labor.
So long as the demand for labour, created by the influx of inability to
_. . , . . . -, -irr-i-ii supply demand
Capitalists, continues at its present rate, the supply anorded by by immigration,
means of Immigration alone must I think be found deficient.
There are men, who looking rather to their own immediate Selfish proposals
wants than to the ultimate good of the Country, are desirous community,
either to confine within very narrow limits the number of women
and children to be brought out in Emigrant ships, or to seek for
a supply of labour from India or from China ; and a meeting on
this subject is, I believe, to be held in Sydney on the 25th instt.
I am very happy that I have received your Lordship's instruc-
tions on the subject of Immigration from India, as this means
of supplying labor would, if carried to any extent, be fraught in
my opinion with evils of the highest magnitude.
The most important incident of a domestic nature, that has Schism in
occurred in the Colony since the departure of Sir Richard ^55^™
Bourke, is the schism which has unfortunately broken out among
the Ministers of the Presbyterian Church, and which was reported
to your Lordship by the late acting Governor on the 17th Feby.
last, in his Despatch No. 25. Dr. Lang denies in toto that he has
separated himself from the Church of Scotland, or gone beyond
what is warranted by the Institutes of that Church; and he as-
signs, as his sole reason for refusing to reenter the Presbytery,
the immorality and laxity of discipline which has been allowed
to exist in it. I have for some time been endeavoring to bring
about a reconciliation between these parties through the media-
tion of some of the Lay members of their Church, but I must
acknowledge that I am not very sanguine of success; should I
fail, I shall be under the necessity of submitting the whole case
to your Lordship.
Bee. I. Vol. XIX— 2 C
402
HISTORICAL RECORDS OF AUSTRALIA.
1838.
1 May.
Reports re
outrages by
aborigines-
Problem of
new form
of government.
Reception of
Sir G. Gipps
by colonists.
My Despatches, Nos. 67 and 68, will put your Lordship in pos-
session of all the facts that have come to my knowledge, respect-
ing the outrages lately committed beyond the boundaries of loca-
tion, and particularly on the line of our communication with
Port Phillip, by the Aboriginal Inhabitants; I have sent a
Stipendiary Magistrate to the spot, where eight white men were
murdered* on the 13th ulto., and a party of the Mounted Police,
who are to act under his orders.
Upon the subject of the new form of Government that is to be
given to New South Wales, less discussion has taken place since
I have been in the Colony, than might have been expected. If
this question is to be settled in the present Session of the Imperial
Parliament, no representation of mine can reach your Lordship
in time to be of any avail; if, on the contrary, it is to be deferred
to the next Session, it will be early enough for me to express to
your Lordship my opinions a few months hence. I will therefore
only at present say that the persons, with whom I have com-
municated (confidentially of course) on the subject of the pro-
posalf of Lord Howick, are The Bishop, The Chief Justice, Mr.
Justice Burton, The Colonial Secretary, The Attorney General;
of these gentlemen, the Bishop of Australia is the one, who is, I
think, most disposed to regard the proposal in a favorable light,
though he doubts whether it be well adapted to the wants of the
Colony. The other gentlemen are of opinion that it will not
satisfy any party, and that it is particularly illsuited to a popu-
lation of so very scattered a nature as that of New South Wales.
I cannot conclude this letter without expressing to your Lord-
ship how much cause I have to be satisfied with the reception,
which I have met with from persons of all classes in the Colony.
Addresses of Congratulation have been presented to me from all
the places, which have any pretensions to be called Towns, and
also from several Societies and public Bodies in Sydney.
I have, &c,
Geo. Gipps.
Inconveniences
of disability of
convict to hold
property.
Sir George Gipps to Lord Glenelg.
(Despatch No. 60, per H.M. ship Buffalo.)
My Lord, Government House, 1st May, 1838.
I beg to bring under your Lordship's Notice a case of
some difficulty, which has occurred in this Colony, and which
exhibits in a strong point of view the inconveniences which fre-
quently arise from that part of the 2nd Clause:}: of the Act of
2nd and 3rd Willm. 4th, Ch. 62, which declares a Convict to be
incapable of holding property.
* Note 83.
t Note 84.
X Note 85.
31PPS TO GLENELG. 403
Your Lordship is, I believe, aware that the property, which 1838.
Convicts may bring- with them to this Country or to which they — —
may become equitably entitled during the period of their cap- Sjjjjjjfof
tivity, is not usually confiscated, but placed in the Savings Bank property of
of the Colony, and restored to them generally on their obtaining
a Ticket of Leave, instead of being kept, as would be conform-
able to the Act, until they became free either by the expiration
of their sentence or by the effect of a pardon from the Crown.
As the sums, thus coming to any Convict on his obtaining a
Ticket of Leave, are in general of small amount, little inconveni-
ence has been found to arise from this practice. On the 10th Application by
Feby. last, however (being some days before I arrived in the £'5353*
Colony) an application was made to the late Acting Governor money from
by a Convict of the name of Henry Herring to be permitted to *
draw from the Savings Bank the sum of £714 for the express
purpose of employing it, after payment of his debts, partly on
Mortgage, and partly as an investment in a business, which he
said he was about to engage in; and, as no answer had been re-
turned to him, when I assumed the Government, I found myself
called on to decide whether it should be given to him or not.
Judging that to issue such a sum of money to a Convict for Qualified
the avowed purpose of investing a part of it on Mortgage would application.
be an open infringement on the Clause of the Act above men-
tioned, I caused it to be signified to Henry Herring that I could
not comply with his request, though I would advance him any
such small portion of his money, as he might stand in need of
to purchase clothes or other necessaries to enable him to start
fairly in the new career, that was opened to him by his having
been indulged with a Ticket of Leave. In reply to this com-
munication, I received a second application from him, repre- Second
senting that, in the full confidence that the indulgence granted m^ney^pay1
to others would not be refused to him, he had contracted debts in debts-
the Colony, which he was anxious to discharge, and particularly
a debt for his own maintenance at an Inn, at which he had been
living in Sydney during the time that he had been waiting for
an answer to his application, and which, owing to the change in
the Government consequent on my arrival, had been unavoidably
longer than it would otherwise have been.
I, therefore, not wishing to depart further in his case from withdrawal
what has become an established practice than the nature of it of Ju0n?yd
seemed to require, consented to his receiving half the amount,
or £357, in order that he might discharge his debts ; and I hope
your Lordship will not consider that, in so doing 1 have made
a bad exercise of my authority. The largest sum that had been
previously issued to any Convict, under similar circumstances.
404
HISTORICAL RECORDS OF AUSTRALIA.
1838.
1 May.
Previous
precedents.
Claim by
H. Herring for
restitution of
watches and
jewellery.
Career of
H. Herring.
Money in
possession of
H. Herring.
Conduct and
special treat-
ment of
H. Herring.
was I find £175 to Andrew Beaumont on the 9th May, 1833 ; and,
in order to enable your Lordship to judge of what has been the
practice of the Colony in this respect, I enclose a return of all
the sums issued to men on their acquiring Tickets of Leave dur-
ing the last two years.
I have further to inform your Lordship that Henry Herring
now claims restitution* of a quantity of watches and jewellery,
that was also taken from his person at the time of his arrival
in this Colony in 1825 ; and, with respect to which, I must beg to
refer Your Lordship to a Despatch from General Darling to
Mr. Under secretary Hay dated the 10th October, 1826.
The watches and jewellery appear from this Despatch to have
been sent to England at that time; but what subsequently be-
came of them nobody in this Colony can now tell.
As the history of Henry Herring is somewhat curious, it will
I think be right for me to give to your Lordship such a sum-
mary of it, as I can collect.
He first arrived in this Colony in the year 1807 by the Ship
" Duke of Portland," having been tried at the Somerset Assizes
on the 9th August, 1806, for some offence unknown, and sen-
tenced to transportation for life under the name of Henry
Millson.
He escaped from the Colony and got back to England, where
he was tried again for some offence, equally unknown to us, at
the Devon Assizes on the 14th July, 1814, and again sentenced to
transportation for life, under the name he at present bears of
Henry Herring. He arrived for the second time in the Colony
by the ship " Indefatigable " in 1815.
He a second time escaped from the Colony and returned again
to England; but, being recognized and apprehended, was a third
time sent to this Colony, under sentence of transportation for
life, by the Ship Minstrel (2) in 1825.
It was on this last occasion that English coin, to the amount
of £380 and 360 Spanish Dollars, were found on his person, be-
sides the watches and jewellery above mentioned. The money
was placed in the Savings Bank, where it has accumulated with
interest, first at 7£ and latterly at 10 per Cent., and therefore
would now amount to a larger sum than that which I first men-
tion as being due to him in February last, vizt., £714, had he
not been allowed at different times to receive various sums of
money, amounting in the whole to £319 17s. 6d.
Herring has, I am informed, of late years conducted himself
very properly; he is one of the Class, called Specials or Gentle-
men Convicts, and he has been confined first at Wellington Valley
and latterly at Port Macquarie.
Note 86.
GIPPS TO GLENELG. 405
I have in conclusion to request your Lordship's instructions, as 1S38.
to what is to be done with the money yet remaining in his name ' ay'
in the Savings Bank, and also as to the answer which is to be r"8^™^0113
returned to him respecting the watches and jewellery, which he
now claims to have restored to him. I have, &c,
Geo. Gipps.
[Enclosure.]
[This was a return of sums issued from the savings bank to Return of sums
tichet-of -leave holders since January, 1SS6. The total amount JiSet-of-leave
was £693 15s. 2\d.~\ holders.
Sir George Gipps to Lord Glexelg.
i I despatch No. 70, per H.M. ship Buffalo ; acknowledged by
lord Glenelg, 7th November, 1S3S.)
My Lord, Government House, 3rd May, 1838. 3 May.
With reference to my Despatch of the 13th March last,
NJo. 38, on the subject of the Female Factory at Parramatta, in
which I stated to your Lordship my great apprehension that I
should not be able to keep both Mrs. Leach and Mr. Clapham
in consequence of the disagreements that had sprung up between
them, I have now to report to your Lordship that I have deemed Dismissal of
it my duty to remove Mr. Clapham, and that he has been dis- as steward1
missed from the 1st instant. factor*16
Notwithstanding my most earnest exhortations to Mrs. Leach
and Mr. Clapham to lay aside their private quarrels and unite
their best efforts for the good of the Establishment, I have, at
each of my successive visits, found matters gradually growing
worse; and I have further to report that, on my going there on
Friday last the 28th ulto., the Police Magistrate complained Complaints by
e -*r rvt -\ -i-r t magistrate
to me in a very serious manner ol Mr. Clapham. He stated against
that Mr. Clapham had, under pretence of mustering the women, J* claPham-
attempted to make a speech to them, contrary to very express
orders that I had given to him; and also that he had gone into
the women's sleeping rooms, after they had been put into them
for the night, contrary to the regulations of the Establishment.
He also reported to me that Mr. Clapham, far from laying aside Charges by
Lis animosity towards Mrs. Leach, had renewed his accusations agaS matron.
against her on account of what had passed on board the " Ben-
eoolen " in their way from England, and had brought forward a
charge that he had never mentioned before, namely, that Mrs.
peach was in the habit of drinking and that he had himself car-
ried her drunk to her cabin; and lastly the Police Magistrate
reported some instances of personal disrespect on the part of
Mr. Clapham to himself.
406
1S38.
3 May.
Reason for
dismissal of
J. Clapham.
Testimony in
favour of
matron.
4 May.
Opinion of
executive
council re
gratuities to
surgeons on
immigrant
ships.
HISTORICAL RECORDS OJT AUSTRALIA.
In consequence of these complaints, I judged that there was
no longer anything to be hoped for in the way of a reconciliation
between Mr. Clapham and Mrs. Leach, and finding moreover
that the Prisoners in the Factory had become acquainted with
the nature of their disagreements, and had begun even to range
themselves as partisans on one side or the other, I could not but
fear that some outbreak among them might be the consequence of
my retaining Mr. Clapham any longer on the Establishment;
therefore I adopted the measure, which I now submit for your
Lordship's approval.
I have only to add in justice to Mrs. Leach that I do not
attach the smallest credit to the assertions that Mr. Clapham has
made respecting her, as far as they bear against her moral
character or respectability. I have, &c,
Geo. Gipps
Sir George Gipps to Lord Glenelg.
(Despatch No. 71, per H.M. ship Buffalo; acknowledged by
marquess of Normanby. Oth March, 1830.)
My Lord, Government House, 4th May, 1838.
I have the honor to enclose for your Lordship's informa-
tion a Copy of a Minute of Proceedings in the Executive Council
in this Colony on the 6th ulto., in consequence of my bringing
under the consideration of the Council the question of Gratui-
ties to Surgeons of Emigrant Ships.
Your Lordship will perceive that the Council did not coincide
with me in thinking that a gratuity should be considered as some-
thing payable only on the successful issue of the undertaking
for which it was promised, and not granted as a matter of
course, or to its full amount, in cases where a Surgeon in Charge
of Emigrants might merely perform his duty, so as to be exempt
from blame, and that therefore they advised the payment of the
whole gratuity to Mr. Rogers of the ship " Layton," notwith-
standing seventy children died on board that vessel between
England and New South Wales, and that a fever broke out
among the immigrants by her, after they were settled in the
Country.
Your Lordship will however perceive that the Council after-
wards recommended that gratuities should on all future occa-
sions be regulated, " somewhat on the principle on which Head
Money is granted to Surgeons of Convict Ships," a principle
which comes so near to the one I proposed that I made no objec-
tion to the adoption of it.
GLEXELG TO GIPPS. 40'
I would respectfully beg' leave to propose to your Lordship 1838-
that, in the event of your Lordship's approving of gratuities — "
being regulated on this principle, the fact of their being so gratuities.™
should be explained to the Surgeons of Emigrant ships at the
time they are engaged by the Agent General for Emigration,
and that your Lordship's decision should be communicated also
to this Government for our guidance. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this minute will be found in a volume in series 77.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 72. per H.M. ship Buffalo; acknowledged by
lord Glenelg, 15th December, 1838.)
My Lord, Government House, 5th May, 1838. 5 May.
With reference to my Despatch of the 13th ulto. Xo 59, Transmission
in which I reported the suspension of Mr. H. F. White of the h r WMtT
Surveyor General's Department, I have now the honor to enclose
a statement in the shape of a letter to your Lordship, which I
have been requested to forward by Mr. White.
I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this letter, dated 1st May, 1838, is not available.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 104. per ship Maitland.)
Sir> Downing Street, 7 May, 1838. 7 May.
I have the honor to transmit for your information the Transmission of
Copy of a letter addressed to this Department by desire cf the SSSuSS"
Master General and Board of Ordnance on the subject of the ordnance
Controul to be exercised by the Lt. Governor of Van Diemen's °
Land over the Officers of Ordnance, stationed in that Colony, in
matters connected with the Convict Establishments
I have thought it right to Communicate to you a Copy of this
letter for your information and guidance in the event of any
doubt arising on the subject in the Colony under your Gov-
M*,1,nent- I have, &c,
Glenelg.
408 HISTOEICAL EECOEDS OF AUSTRALIA.
1838. [Enclosure.]
7 May.
Mr. E. Byham to Under Secretary Stephen.
Sir, Office of Ordnance, 25 April. 1838.
instructions re I have the honour, by command of the Master General and
control of Board of Ordnance, to acknowledge the receipt of your letter dated
^Tasmania °r 31st ultimo> in answer to their communication of the 23d February,
over ordnance regarding the alleged interference of Sir John Franklin. Civil Lieu-
officers employed tenant Governor of Van Diemen's Land, with the Ordnance Officers
sTrvTces"* at tnat Colony, in respect to certain duties entrusted to the latter
and their correspondence with the heads of their Department at
home; and enclosing a copy of a dispatch from Sir John Franklin
in which he makes the following proposals : —
First — that, whenever the Ordnance Officers send home reports
to the Master General and Board recommending any change of
system for the employment, clothing, or lodging of Convicts, for
whose welfare and discipline the Lieutenant Governor alone is
responsible, those Officers may be required to furnish copies for his
information of such reports, at the same time they are transmitted
to this Country, in order that, if on perusal of them he should be
of opinion that the representations therein contained are not well
founded, or that those representations, if acted on, would not be for
the good of Her Majesty's Service, but would be prejudicial to the
ends of transportation and to the interests of the colony, he may
have an opportunity of communicating at the same time with the
Secretary of State, with a view to prevent the issue of instructions,
the execution of which it might be necessary for the Lieutenant
Governor either to postpone on his own responsibility, or to leave
in operation to the prejudice of the public service until counter-
manded by orders from the Secretary of State ; and
Secondly — that the Officers in Van Diemen's Land, under the
Treasury, Ordnance and Army Medical Boavd, should consider
themselves as strictly under the orders of the Lieutenant Governor
for the time being, whether holding Military Command or not, in
all matters whatsoever in any manner relating to the expenditure,
clothing, and lodging of Convicts, or to their medical care and
superintendence, and that their correspondence should be conducted
through the established channel of the Colonial Secretary.
In the propriety of the above suggestions, Lord Glenelg, for the
reasons detailed in your letter, expresses his concurrence, and
trusts that the Master General and Board may find it practicable
to adopt them without prejudice to the branch of the public Service
under their control.
The Master General and Board command me to acquaint you in
reply, for his Lordship's information, that, although these proposi-
tions involve to a certain extent the abrogation at Van Diemen's
Land of the restrictions enjoined by the Duke of Wellington's
letter of 3d December, 1827, in respect to the powers of Governors
and Commanding Officers abroad to call for copies of the communi-
cations passing between the Officers of this Department and their
immediate superiors at home, yet, referring to the peculiar situa-
tion of Van Diemen's Land, the distance of the settlement from this
country, and the nature of the duties confided to the Lieutenant
Governor, adverting also to the other considerations dwelt upon
by Sir John Franklin in his dispatch in support of his application,
and to which Lord Glenelg gives his concurrence as being in
.GLENELG TO GIPPS. 409
conformity with the system observed by the departments under the 1S38.
orders of The Lords of the Treasury, the Master General and 7 -Ma> •
Board have decided upon the expediency of modifying the Instruc- instructions ?-e
tions forwarded to the respective Officers as stated in my com- control of
nmnication to you of the 23d February last. inTasmlni^
Had the Master General and Board had Sir John Franklin's over ordinance
letter before them, when they issued those Instructions, they would officers employed
not have insisted so strictly on the points prescribed by the Duke °"ry°cngSict
of Wellington's letter of the 3d December, 1827, wmich (as Lord
Glenelg justly conceives) has reference particularly to that branch
of the duties of the respective Officers which regards Barracks,
although the principle is applicable to all correspondence between
the Master General and Board and their Officers.
The Master General and Board are willing to admit that the
distance of the colony over which Sir John Franklin presides, the
peculiar circumstances attached to it. and the particular duties to
which that Officer refers as respects the supply of Clothing, etc..
all make a considerable difference between this case and others
such as are adverted to in the Duke of Wellington's letter. The
Master General and Board consider that, whenever the duties of
the Respective Officers have reference to matters coming especially
under the cognizance of the Ordnance Department, and an expense
is incurred which is to be accounted for in the Ordnance Estimates,
those Officers are in such case responsible as a body, and their com-
munications with the Master General and Board come under the
regulation laid down by the Duke of Wellington ; but in cases like
the present, where they simply act in their respective capacities
as Engineer Officer, or Storekeeper, under the authority of the
Lieutenant Governor who is responsible, and where the expenditure
incurred forms no item in the Ordnance Estimates, and looking
also to the instructions contained in the Treasury letter to the
Secretary of State for the Colonies of the 9th October. 1837. the
Master General and Board are prepared to assent to the course
proposed by Lord Glenelg. a course, as it appears, pursued without
inconvenience by other Departments. They have accordingly sent
orders to the respective officers at Van Diemen's Land to this effect,
at the same time particularly cautioning them to abstain, as far as
possible, from giving any cause for dissatisfaction to the Lieu-
tenant Governor and to use their best endeavours to conduct har-
moniously the public service.
With reference to the question of providing Convict Mechanics Supply of con-
and Labourers for the Service of the Royal Engineer Department, viet mechanics
from the proceedings in regard to which the present correspondence d%Stmenk
arose, and adverting to the arrangements which were authorized
by Lord Glenelg, as notified in your letter of the 5th December.
1836, the Master General and Board direct, me to state that they
cannot but regret to find that any difference of opinion sin mid
have arisen between the Lieutenant Governor and the Ordnance
Respective Officers on the subject. The Master General and Board
certainly never intended to interfere with the previous assignment
of Labourers to individuals, nor incautiously to break up any
existing distribution of the Convict Mechanics amongst the public
Departments, but that the Lieutenant Governor should to the fullest
extent, which circumstances at the time might permit, distribute to
the Engineer Department the Convict Mechanics and Labourers
under bis control. The terms of your letter above quoted appear to
410
HISTORICAL RECORDS OF AUSTRALIA.
1838.
7 May.
Supply of con-
vict mechanics
for engineer
department.
Confinement of
J. Waggoner
as criminal
lunatic.
the Master General and Board quite satisfactory upon the subject;
and they arc at a loss to account either for the Lieutenant Gover-
nor's interpretation that it related to Convict Labourers only, or
for that of the Respective Officers as described by the Lieutenant
Governor to extend without reference to circumstances to every
Convict Mechanic in the Colony already employed by the Colonial
Government. I have, &c,
R. Byham.
Sir George Gipps to Lord Glenelg.
(Despatch No. 73, per ship Minerva.)
My Lord, Government House, 7th May, 1838
I have the honor to transmit herewith a Copy of the
Notes, taken by the Chief Justice of this Colony at thb trial
of John Waggoner, acquitted on a charge of murdering James
Heron on the ground of insanity ; and I have in conformity with
the Act of 39th and 40th Geo. 3rd, Cap. 94, Sect. 1, to request
that I may be honored with Her Majesty's commands, as to the
way in which he shall be disposed of.
Until Her Majesty's pleasure shall be signified, I have caused
him to be lodged in the Lunatic Asylum of this Colony, and I
would venture to suggest that he should be confined there, or
placed under private treatment, during the continuance of his
malady, at the discretion of the Governor.
I have, &c,
Geo. Gipps.
[Enclosure.]
[These notes have heen omitted.']
9. May.
Despatch
acknowledged.
Refusal to alter
system for
salaries of
clerks in
department
of cu-toms.
Lord Glexelg to Sir George Gipps.
(Despatch No. 105, per ship Maitland.)
Sir, Downing Street, 9 May, 1838.
I have received Sir Richd. Bourke's Dispatch No. 82 of
the 5th Septr. last, with Copies of two letters addressed to the
Colonial Secretary of New South Wales by the Collector and
Comptroller of Customs at Sydney representing the necessity of
fixing the Pay of the Clerks in their Department according to
the scale adopted by the Legislative Council of the Colony for
Clerks, whose Salaries are charged on the Colonial Treasury.
Having referred the subject for the consideration of the Lords
Commissioners of the Treasury, I have the honor to acquaint
you that their Lordships are of opinion that, as the Salaries of
the Clerks in the Departments of the Collector and Comptroller
at Sydney, as well as those of the other officers of the Customs
Establishment in New South Wales, have been regulated upon
GIPPS TO GLENELG. 411
the same principle as those of the Customs Establishments 1838.
throughout the British Colonial Possessions, it would not be
expedient to sanction the alteration referred to in your Prede-
cessor's Dispatch. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 74, per ship Minerva : acknowledged by
lord Glenelg. 30th October. 1838.)
My Lord, Government House, 9th May, 1838.
I have the honor to forward to your Lordship a Memorial Transmission of
from Mr. F. Beddek of Windsor in this Colony, praying your F. Beddek.
Lordship to give him a grant of land on the ground that his
application for one was improperly refused by Sir Ralph Darling
in 1829.
The reason why his application was then refused is not stated
in the communication that was made to him on the 29th Deer.,
1829; but the report of the Land Board, to which Mr. Beddek's Report by land
claim was referred by General Darling, shews it to have been in f0?Encf granT.
consequence of his failing to prove that he was in possession of
the amount of Capital that was required in order to entitle him
to a Grant, he having stated that he had £500 in the hands of
Mr. Icely, a Merchant of Sydney, but that gentleman, when
called upon, would not come forward to admit that such was the
fact. In this report which is dated the 16th Deer., 1829, the
following words occur respecting Mr. Beddek ; " he emigrated to
the Colony in Deer., 1827, and, having been bred a Solicitor, has
settled in Windsor with a view of following that profession. He
was sometime ago married to Miss Blatchford, who received a
Grant of land as a Marriage portion."
Your Lordship will perceive from this statement that there Denial of claim-
is not the smallest ground on which Mr. Beddek can support his
application, unless it be admitted that every person, arriving in
the Colony prior to the year 1827, had an indefeasible right to
a grant of land; an idea which, preposterous as it is, seems to be
entertained by many applicants to your Lordship.
I have, &c,
Geo. Gipps.
[Enclosure.]
The Memorial of Francis Beddek, Esq., of Windsor, in Memorial of
New South Wales, «*«
To The Right Honourable Lord Glenelg. Tier Majesty's Principal land grant
Secretary of State for the Colonies,
Humbly Sheweth,
That your Memorialist emigrated to this Colony id the Year
1827, on the faith of the Regulations issued from Downing Street
concerning Grants of Land, dated April, 1826.
412
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
9 May.
Memorial of
F. Beddek
soliciting
land grant.
Refusal of
land grant for
F. Beddek.
That, on arriving in the Colony, he made the usual application
for his Grant with a statement of his being ready to prove the
possession of a sufficient available capital.
That, in reply, he received the accompanying communication from
the Colonial Secretary marked (A) which left him in entire ignor-
ance of the reasons which it appears prevented him at that present
time from obtaining land, and rendered his case different from
that of every Gentleman who emigrated at the same period.
That, being precluded by this means from pursuing the usual
occupations of a Settler, he devoted himself to those of the pro-
fession for which he had been educated, and Commenced practice
as an Attorney.
That, having unfortunately delayed the making of his complaint
until the publication of the new Regulations concerning the aliena-
tion of Laud (by which Grants were to ceas^e), he hastily con-
cluded that his Case had become hopeless ; but, finding that addi-
tional Grants of Land are still being made to those who claim
them under the Regulations on the faith of which he emigrated, he
trusts he has been misled, and, though it may be late in the day, his
application for justice will not be disregarded.
Your Memorialist therefore humbly begs that his Excellency the
Governor may be directed to institute the necessary enquiries con-
cerning Memorialist's available capital, and any other particulars
that may be supposed to affect his Title to the Privileges and
advantages enjoyed by others who emigrated with him ; and, if
nothing is elicited which can be held to invalidate his claim, That
the usual Grant may be bestowed upon him.
Windsor, 20th April, 1838. Fkancis Beddek.
[Sub-enclosure.]
Mr. T. C. Harington to Mr. F. Beddek.
Colonial Secretary's Office,
Sir, Sydney, 28th December, 1829.
In reply to your application of the 20th Octr. last for a Grant
of Land, I am directed by His Excellency the Governor to inform
you that your request cannot be complied with under present cir-
cumstances. I am. &c,
for the Colonial Secretary,
T. C. Harington.
10 May.
Recommenda-
tion in favour
of J. Gould.
Lord Glenelg to Sir George Gipps.
(Despatch No. 106, delivered by Mr. Gould.)
Sir, Downing Street, 10 May, 1838.
I have the honor to transmit to you a copy of an applica-
tion which I have received from Mr. H. Gould,* who is proceeding
to Australia with a view to prosecute his Ornithological re-
searches; and I beg to recommend him to your countenance and
protection and to express my wish that he may receive every aid
and assistance, in furtherance of his objects, which you may be
able to afford to him. I have, &c,
Glenelg.
*Xote 8'
GIPPS TO GLENELG. 413
[Enclosure.] 1838.
10 May.
Mr. John Gould to Lord Glenelg.
My Lord, Zoological Society of London, 8 May, 1S3S.
Being about to visit Australia strictly for scientific purposes Request by
and the completion of a work on the Birds of that interesting ^sta^ce^in
country, I am desirous of availing myself of your Lordship's kind ornithological
aid and assistance in the furtherance of my researches; I there- research,
fore beg leave respectfully to enclose to your Lordship a Pros-
pectus of the work* above alluded to and to state the principal
assistance, which I am anxious to obtain, vizt., that, during my stay
in the Colony which in all probability would not be more than two
years, if any of Her Majesty's Ships should be proceeding to the
New Colony at Port Hessington,f near the gulf of Carpentaria,
Norfolk Island, Swan River, etc., I may be permitted to proceed
thither myself or to send a collector in either of them, who, after
remaining at any of those places for a sufficient time to effect the
object of his visit, may be allowed to return to Sydney by the same
means, should a convenient opportunity present itself ; and that the
Governors and other Officers of the Colonies I propose to visit may
be requested to render me every assistance in their power compat-
ible with existing regulations. I feel sure, my Lord, that I need
not dilate upon the advantage, which assistance of this kind would
render to the cause of science ; and I therefore trust that my re-
quest will not be considered an improper one, and that your Lord-
ship will be pleased to give it your earliest consideration, as the
Vessel, in which I leave England, positively sails at the end of this
week. I have, &c,
John Gould.
Sir George Gipps to Lord Glenelg.
(Despatch No. 75, per ship Minerva ; acknowledged by
lord Glenelg, 30th October, 1838. )
My Lord, Government House, 11th May, 1838. n May.
At the request of Mr. Jas. Reid, formerly a Lieutt. in the Transmission of
Army, I transmit to your Lordship a Memorial, which I received j. Reid.
from him on the 27th March last, and to which I directed an
answer to be returned, that his application for an additional Refusal of land
grant of land was "wholly inadmissible," inasmuch as, by his j^eid?1^
own showing, he emigrated to this Country in the year 1823, and
not in consequence of any inducement held out by the Govern-
ment orders of 1826 and 1827.
I need not state to your Lordship that proof of having emi-
grated, in consequence of the inducement held out by the Gov-
ernment orders of 1826 and 1827, is absolutely required in order
to give a man a title to an additional grant under the existing
regulations. I have, &c,
Geo. Gipps.
*Note 87. fNote 88.
414 HISTORICAL RECORDS OF AUSTRALIA.
1838. [Enclosure.]
11 May.
The Memorial of James Reid of Rosebrook and Newcastle in
Memorial of *l *j n l
j. Reid the said Colony,
fand^rant To His Excellency Sir George Gipps, Captain General and Governor
in Chief of the Territory of New South Wales and its Depen-
dencies, etc., etc., etc.,
Sheweth,
1. That your Memorialist emigrated to the Colony in the year
of 1823, being then a Lieutenant upon Half pay.
2. That your Memorialist brought with him an order from Earl
Bathurst that the Governor Sir Thomas Brisbane should make to
your Memorialist a Grant of Land.
3. That, in pursuance of the said order, His Excellency was
pleased to call upon Memorialist to state " what number of con-
victs his means would enable him to take off the Stores, free of
expense to Government for ten years," and upon Memorialist reply-
ing " Twenty " the Surveyor General was directed to put him pos-
session of 2,000 acres.
4. That Memorialist selected the land in the County of Durham
and Parish of Wolfingham near Maitland, of which he took pos-
session in May, 1823; that Memorialist strictly fulfilled the condi-
tions by keeping and maintaining twenty convicts free of all expense
to the Government for the period of ten years, involving for the
first few years a cost of £400 pr. annum.
5. That the new Land Regulations of His Majesty's Government
issued in the year of 1826-7 (Sections 15 and 16), the extent of the
Primary maximum grants was enlarged from two thousand to two
thousand five Hundred and Sixty acres, and it was the established
practice of Sir Ralph Darling's Government to give to meritorious
Settlers, who had emigrated a few years previously to this date
of the said resolutions, and who were possessed of adequate capital,
the benefit of the said enlargement, by adding to the Land they had
already received as many (as many) acres as should make their
primary Grant equal to their maximum.
6. That, in pursuance of the said practice, Sir Ralph Darling was
pleased in the year 1829 to grant to your Memorialist the extra five
Hundred and Sixty (560) acres, thereby placing him, in common
with other emigrants of his class, upon the same footing as those
who had emigrated subsequently to the date of the said new
Regulations.
7. That, in thus giving to Emigrants of your Memorialist's class
the benefit of Sections 15 and 16 of the said regulations, it was
considered by Sir Ralph Darling's Government that they thereby
became fairly entitled also to the benefits of Sections 11), 20 and 21,
whereby additional Grants were to be received at the end of Seven
years from the date of the Primary Grants, provided the conditions
therein set forth were fully complied with ; and. in illustration
hereof, your Memorialist begs to mention three instances which
occurred in his own immediate neighbourhood, namely, in the cases
of Messrs. Robt. and Helenus Scott of Glendon and Mr. James
P. Webber of the Patterson, all of whom emigrated about the same
time as your Memorialist, received originally the like quantity of
Land as himself (2,000 acres), which as in his own case was subse-
quently enlarged to the New Maximum of 2,560 Acres, and, after
the lapse of Seven years from the dates of their Primary Grants.
GIPPS TO GLENELG. 415
obtained respectively an additional Grant of 2,500 acres, the previ- 1S38.
oils and original Land made on the aforenamed condition of a 11 May,
specific number of convict Servants being considered by the Secre- Memorial of
tary of State as a Contract with "the Government." J. Reid
8. That your Memorialist would before now have claimed the soliciting
additional Grant to which, for the above mentioned reasons, he land grant-
conceives himself to be justly entitled, but that, from the absolute
and unconditional terms in which the New Regulations of His
Majesty's Government of June, 1831, abolishing the system of
alienating Crown Lands otherwise than by Sale, were promulgated
by the local Government, he understood, in common with the
Colonists generally, that the said regulations were intended to bar
and extinguish such claims altogether ; nor was it until his attention
was called to the Government Notice of 27 June last, respecting
additional Grants that he became aware that it never was contem-
plated by His Majesty's Government that the said regulations should
he construed to the prejudice of rights arising out of Regulations
and usages of previous date.
9. That, although your Memorialist had served as an officer in
His Majesty's Army ten years during the War on full pay, the
aforesaid Land, together with a smn.ll allotment of Land in the
Town of Newcastle, is the only Boon (if it can so be called) he has
ever received, and upon which he has expended upwards of £2,000
in building two large Houses.
10. That Memorialist has held possession of his said Lands to the
present time and is prepared to prove he has expended more than
five times the value, the said improvements consisting at Rosebrook
of Three Hundred Acres of cleared Land, about 2,000 rods of 3, 4,
and 5 railed fence, a dwelling House of seven rooms with kitchen
and offices. Stockyards, lofts, etc., etc., etc., in addition to which he
has expended upwards of £4.000 on allotments purchased by him
from Govt, in the aforenamed town of Newcastle.
11. That, in Cash, live Stock and real Estate, your Memorialist is
possessed of abundantly more capital available for the improvement
of his additional Grants (if obtained) than is required by the
Regulations.
12. Wherefore your Memorialist humbly prays that Your Excel-
lency will be pleased to take the premises into your favourable con-
sideration, and cause any investigation to be made into the fore-
going statements which to your Excellency may seem proper with
a view to his receiving a Grant of 2,560 Acres.
And your Memorialist will ever pray. J. Reid.
24th March, 1838.
[Appendix A.]
Section 15. — The Largest grant that will be made to any fresh Settler, without pur- Reo-Ulations
chase, is 2,560 Acres, the smallest 320. Section 16. — Lands to be granted in sqinue re fa nd grants.
miles, in the proportion of one square mile or 640 acres for every £500 Sterlg. of
Capital, which the applicant can immediately command, to the extent of lour
Square miles or 2,560 Acres, which is the utmost that can be granted without
purchase.
[Appendix B.]
Section 19. — Every grantee without purchase must, at the expiration of the before
mentioned term of 7 yrs., prove to the satisfaction of the Surveyor General that he
lias expended in the cultivation and improvement of the land, a capital equal to the
one fourth of its value, as that value was estimated at the time of his granl : on
failure of such proof, the land will be forfeited to the Crown.
Section 20. — No additional Grant of Land will be made to any person who has not
proved, as last mentioned, the necessary expenditure of Capital on the Lands already
41G
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
11 May.
Regulations re
land grants.
granted to him, and that he has sufficient capital on hand to enable him to cultivate
to advantage the additional Grant for which he applies.
Section 21. — Persons receiving a second grant of Land without purchase will b -
come liable to pay a quit rent upon the Lands comprised in such second grant imme-
diately from the date of it ; but any grantee, who can show an expenditure upon bis
first grant to the amount of five times the estimated value of that grant at the time
of its being made to him, will be entitled to a further grant, with a reduction in his
quit rent at the rate of 1\ per Cent, on the estimated value of such grant, oti
proving that he has sufficient capital still in hand to Cultivate to advantage tin
additional Grant.
14 May.
Transmission
of report re
botanic garden.
Negotiations
with
A. Cunningham
for withdrawal
of resignation.
Instructions re
vegetable and
fruit gardens.
Sir George Gipps to Lord Glenelg.
(Despatch No. 76, per ship Minerva; acknowledged by
lord Glenelg, 5th November, 1838.)
My Lord, Government House, 14th May, 1838.
I have the honor to enclose herewith the report made by
the late Superintendent of the Botanic Garden of "Sydney (Mr.
Allan Cunningham) on the close of the year 1837, at which time
he resigned his charge of it, and with reference to the late
Acting Governor's Despatch of the 9th Jany. last, No. 9, on
the subject of the Botanic Garden and the resignation of Mr.
Cunningham, I beg leave to explain to your Lordship that,
feeling on my arrival in the Colony a very lively regret at
the prospect of losing the services of a person so distinguished
as Mr. Cunningham for his knowledge of Botany, I could not
suffer him to leave the Colony without making an effort to
induce him to change his purpose; I accordingly entered into
a negotiation with him, through the medium of the gentle-
men,* under whose management the garden is placed, but I am
sorry to say without success, as I found, on an attentive con-
sideration of the proposal made by Mr. Cunningham to the Com-
mittee, that a compliance with his demands would have required
an immediate outlay of more than £200, and an increase to the
sums now voted by the Colonial Legislature for the advancement
of science of not less than £530 per annum according to the
estimate by Mr. Cunningham, but which I could not myself esti-
mate at less than £850.
I transmit to your Lordship four documents, explanatory of
this attempt to retain Mr. Cunningham in our employment, being
particularly induced to trouble Your Lordship with them in
order that your Lordship may know the true grounds of Mr.
Cunningham's resignation, a report having I believe got abroad
that he resigned in disgust, in consequence of having been inter-
fered with in his duties and required to cultivate culinary vege-
tables in the garden. On this latter subject too, my Lord, I beg
leave to state that I have given the most positive orders that no
culinary vegetables of any sort shall be raised in the garden ;
that the fruit bearing trees shall gradually be removed, except
* Note
GLENELG TO GIPPS. 417
such as are of an exotic or ornamental character, and that the 1838.
Kitchen garden properly belonging to Government house, which _Ji7"
though adjoining the Botanic Garden is separated from it by a ^Jgg}j™y
fence, shall be taken entirely out of the management of the fruit gardens.
Superintendent. I have, &c,
Geo. Gipps.
[Enclosures.]
[These papers relating to the administration of the botanic
garden will be found in a volume in series VI.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 107, per ship Maitland; acknowledged by
Sir George Gipps, 3rd May, 1839.)
Sir, Downing Street, 15 May, 1838. 15 May.
I have the honor to acknowledge the receipt of Sir Proposal for
R. Bourke's Despatch, No. 45 of the 15th of June last, in which KS^SSd.
he recommends the Establishment of a Government Steam Vessel
at New South Wales for the purpose of maintaining the required
Communication between the seat of Government and the out
Stations.
I enclose to you herewith the Copy of a letter, which was
addressed by my direction to the Board of Treasury, recom-
mending the proposal of your Predecessor to the favorable con-
sideration of the Lords Commissioners, together with the reply
which has been received to that Communication.
You will have the goodness at your earliest convenience to Reports
furnish me with the further information required by the Board leqmre •
of Treasury as to the practicability of carrying on the services in
question with one Steam Vessel, with particular reference to the
number of Voyages now performed by the Government or by
hired Vessels, and the periods that would be occupied in those
Voyages by a Steam Vessel. I have, &c,
Glenelg.
[Enclosure No. 1.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street, 7th March. 1838.
With reference to my letter of the 12th of December last, I Proposal for
am directed by Lord Glenelg to state that, having now obtained government
more complete information on the subject, he is desirous to bring steamvessel-
under the consideration of the Lords Commissioners of the Trea-
sury the enclosed Copy of a dispatch from the governor of New
South Wales recommending the establishment of a Govemmenl
Steam Vessel for the purpose of maintaining the necessary com-
munication between the Seat of Government and the out stations
Skr. I. Vol. XIX— 2 D
418
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
15 May.
Proposal for
government
steam vessel.
Proposal
recommended.
Sir Riehd. Bourke in the enclosed Dispatch shews the present
amount of the Colonial Marine and expresses his opinion that the
new settlements at Port Philip and Twofold Bay will require with-
out delay the establishment of further means of communication
along the Coast. By the employment of a Government. Steam Ves-
sel, he contemplates the possibility of a considerable reduction in
the number of sailing Vessels, now employed in the Service of
Government. He expresses his opinion that nearly one half of the
annual cost of the Steamer would readily be borne by the Colonial
Government, and that, if required, a sum would be paid into the
Military Chest in aid of the first cost. For the purpose of more
ready reference, I enclose an Extract of a Report from Vice
Admiral Sir Pulteney Malcolm to the Board of Admiralty, respect-
ing the Packet Service at Falmouth, bearing date the 16th of
January, 1S32, and presented to Parliament. This Report* contains
an Estimate of the first cost and outfit and the average annual
charge of a Steam Vessel of the description, which would be re-
quired for the service of the New South Wales Government. Lord
Glenelg can entertain no doubt of the advantage, which would
result for the adoption of Sir R. Bourke's proposal and strongly re-
commends it to the sanction of the Lords Commissioners of the
Treasury. I am, &c,
J. Stephen.
Criticism of
proposal by
lords of
treasury.
[Enclosure No. 2.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 14th May, 1838.
The Lords Commissioners of Her Majesty's Treasury having
had under consideration your letter dated 7th of March last, with
the dispatch therein enclosed from the Governor of New South
Wales relating to the employment of a Steam Vessel in lieu of the
present Colonial Vessels employed by the local Government in that
Colony, I have it in command from their Lordships to request you
will observe to Lord Glenelg that, if it were clearly established that
a Steam Vessel, of which the aggregate expense of every description
might be estimated at £5,563 per Annum, would supersede the
necessity both for maintaining the two Colonial Vessels now em-
ployed for various local purposes at New South Wales at an ex-
pense of £2,400 per Annum, and for having recourse to the hire of
additional freight at a further computed expense of £3,347 per an-
num, the expediency of adopting Sir R. Bourke's suggestion would
be obvious. It however appears to my Lords that further informa-
tion, as to the practicability of carrying on the Services in question
with one Steam Vessel, should be required before so heavy a charge
as will attend the construction and equipment of a steam vessel of
the size and power, referred to in Sir R. Bourke's dispatch, and in
the Report of the Master Attendant at Sydney which accompanied
it, is incurred ; and My Lords suggest that his Lordship should
instruct the Governor of New South Wales to furnish a more
explicit report on this head, having reference to the number of Voy-
ages now performed by the Government or by hired Vessels, and
the periods that would be occupied in those voyages by a Steam
Vessel.
1 am directed further to request you will state to Lord Glenelg
that, in the meantime, my Lords will obtain the opinion of the Lords
of the Admiralty on the subject of the Propositions in the Master
Note 90.
GLENELG TO GIPPS. 119
Attendant's report, and respecting the probable cost of the vessel, 1838.
hut that, adverting to the communications they have had occasion l^May.
to make to bis Lordship relating to the expenses of the Marine Criticism of
Establishment in the Australian Colonies, they defer any particular proposal by
remark on the observation of Sir R. Bourke, which has reference to lords of
the fund from which the expense of the Steam Vessel would be treasury-
defrayed. I am, &c.
A. Y. Spearman.
Lord Glenelg to Sir George Gipps.
(Despatch No. 108, per ship Maitland ; acknowledged by
Sir George Gipps, 8th January, 1840.)
Sir, Downing Street, 16 May, 183-8. 16 May.
With reference to your Dispatch of the 24th of November,
1836, and to my reply of the 8th of March last, No. 85, respecting
-certain payments which appeared in the accounts of the Colonial
Treasurer of New South Wales, but were not inserted in the
Quarterly Keturns of new appointments and special Payments,
which are transmitted periodically to this country, I have the Transmission
honor to transmit to you, herewith, for your information and treasury.
guidance, a Copy of a further letter on that subject which has
been addressed to this Department by desire of the Lords Com-
missioners of the Treasury. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 9th May, 1838.
With reference to the communication made to you by direc- instructions
tion of this Board on the 17th of February last respecting the ?r°p.?sed.^
admission by the Commissioners of Audit in the accounts of the accounts for
Australian Penal Settlements of charges, comprized in the annual audit,
estimates and appropriation Ordinances passed by the Legislative
Councils of these Colonies, I have it in command from the Lords
< 'ommissioners of Her Majesty's Treasury to request you will fur-
ther observe to Lord Glenelg that, with the view of enabling the
Commissioners of Audit to ascertain that the disbursements for
which credit is taken in the accounts are in accordance with the
appropriation Ordinances which may have been sanctioned, it will
be necessary that the Estimates, upon which the Ordinances are
founded, should specify in detail the several salaries and other
charges intended to be provided for, or that they should be accom-
panied by abstracts containing such specification.
The Commissioners of Audit have further suggested to my Lords
that it would greatly facilitate the examination of the accounts of
the Treasurers of New South Wales and Van I demon's Land, if
the annual accounts current were to be accompanied by an explana-
tory statement from the local Auditor of any difference between the
estimated and voted Charges and the actual expenditure, and if flu-
entries of the payments in the accounts were likewise classified
under the same heads as in the respective Estimates; my Lords
420 HISTORICAL RECORDS OF AUSTRALIA.
1838. therefore request his Lordship will convey the necessary instruc-
16 May. tions in conformity with these suggestions, should he see no reason
to dissent therefrom, to the officers in charge of the Governments
of New South Wales and Van Diemen's Land.
I am, &c,
A. Y. Spearman.
Sir George Gipps to Lord Glenelg.
(Despatch No. 77, per ship Minerva; acknowledged by
lord Glenelg, 26th October, 1S3S.)
My. Lord, Government House, 16th May, 1838.
With reference to your Lordship's Circular of the
5th Deer., 1837, on the subject of a letter which had been
addressed to your Lordship by Mr. Isaac Scott Nind (not Hind
as erroneously copied) on the 10th August last, I have the honor
Report re claim to inform your Lordship that on enquiry it appears that Mr.
?and grant t0 Nmd's application is only the renewal of one, on which the
decision of the Secretary of State was communicated to this Gov-
ernment by a Despatch from Mr. Stanley, dated the 17th May,
1834, No. 80, the words used by Mr. Stanley being, that " Mr.
Nind has forfeited all claim to a Grant, upon more favorable
conditions than those upon which land is now to be obtained, by
having failed to apply for a location, and make a selection of it
prior to the adoption of the new system."
This decision of the Secretary of State was communicated to
Mr. Nind, by order of Sir Eichard Bourke, on the 29th Septt.,.
1834, and as Mr. Nind now produces no new facts whatsoever
affecting the merits of his case, I think it unnecessary to trouble
your Lordship with the papers which he has sent to me.
I will briefly however state that Mr. Nind, instead of turning
Agriculturist on his arrival in the Colony in 1826, accepted a
Medical appointment at King George's Sound; that he remained
there three years, then went to England, and did not return to
this Colony, until after the promulgation of the orders respecting
the sale of land in 1831. I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 100, per ship Maitland.)
17 May. Sir, Downing Street, 17th May, 1838.
Appointment of j have the honour to acquaint you that I have, on the
Revd. A. Marum . „ ^ T , 1
to R.c. church, recommendation oi the Kevd. W. Ullathorne, sanctioned the
appointment of the Revd. A. Marum as Roman Catholic Min-
ister on the Establishment of New South Wales. Mr. Marum
will receive the usual allowance of £150 on account of outfit and
passage. I have, &c,
Glenelg.
GLENELG TO GIPPS. 421
Lord Glenelg to Sir George Gipps. 1838.
(A circular despatch per ship Maitland.)
Sir, Downing Street, 18th May, 1838.
I have the honor to transmit to you herewith the Copy of Transmission of
a Work by Mr. J. Murray of Manchester on the Natural History JX™™!"1
of the Silk Worm, and its introduction into the British Colonies.
I have, &c,
Glenelg.
[Enclosure.]
[Tins was an octavo pamphlet, containing sixty-seven pages,
entitled, " The Natural History of the Silk Worm with the most
(i P proved methods of rearing Silk and cultivating the Mulberry,
applied to our Colonies and Islands."']
Lord Glenelg to Sir George Gipps.
(Despatch No. 110, per ship Maitland.)
Sir, Downing Street, 18 May, 1838.
I have received Sir Richard Bourke's Dispatch No. 84 of Memorial from
the Tth Septr. last enclosing a Memorial from Mr. Thomas Moore, acknowledged.
a Justice of the Peace at New South Wales, praying compensa-
tion for losses sustained under the circumstances therein detailed.
Having referred this Dispatch and its enclosures for the con-
sideration of the Lords Commissioners of the Treasury, I enclose
to you herewith, for your information and guidance, a copy of a
letter, which has been addressed to this Department by desire of
their Lordships on the subject of Mr. Moore's Memorial.
I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers. 9 May, 1S38.
The Lords Commrs. of H.M.'s Treasury have had before them Compensation
your Letter of the 15th February last, in which you transmit for proposed for
'their consideration, by direction' of H.M.'s Secretary of State for nkbUity6 * °F
the Colonies, the Copy of a Dispatch from Sir Richd. Bourke en- incurred in
closing a Memorial from Mr. Thomas Moore, a Justice of the administration
Peace at New South Wales, praying Compensation for losses sus- 2,t?5tat1eof
tained under the cirees. therein stated, together with the annexed
recommendations of the Judges of the Supreme Court and the
Attorney Genl. of that Colony.
Referring to the suggestion of Sir R. Bourke that Mr. Moore, slid.
he Indemnified by payment from the Crown Land Revenue of the
Colony for the loss, specified in his Memorial as 'having arisen from
a mistaken assumption of authority by the Governor of the Colony
in the year 1812, and from unauthorized Acts of that Officer and of
the then existing Court of civil Jurisdiction. I am commanded by
422
HISTORICAL RECORDS OF AUSTRALIA.
1838.
18 May.
Compensation
proposed for
T. Moore for
liability
incurred in
administration
of estate of
T. Rowley.
their Lordships to request you will observe to Ld. Glenelg that
altho' Governor Maequarie may have acted under a misconception
in the appointment of the Memorialist to execute the duties of
Guardian to the Children and Trustee to the Estate of the deceased
Captain Rowley, it does not appear to my Lords either that this
Trust was authoritatively forced upon Mr. Moore or that the
liability he has incurred arose out of any Act indispensably neces-
sary for the fulfilment of the objects of the Trust, or required by
any direction of the Colonial Court.
On the Contrary, Mr. Moore, having been pointed out to the Gov-
ernor as an intimate friend of the deceased Officer, had undertaken
the Trust altho', .as alleged, reluctantly, and after considerable
Solicitation, with his own free consent; and. altho' he may have
been misled by the Terms of the Governor's deed, and by the
acquiescence of the Court in the application he had made for per-
mission to dispose of a portion of the Property, of which he had
taken charge, in regard to his power to make such disposition, the
liability, to which he has been subjected, would seem to have
arisen entirely from his own inadvertency in entering into a guar-
antee not required either by the Terms of the Trust or of any
order of the Court, and which is moreover distinctly stated in the
Memorial not to have formed part of the Contract for the Sale
of the Property, and wd. therefore appear not to have been re-
quisite for effecting that sale or for executing any of the Powers,
which the Governor's deed might have been supposed to confer.
Under these circes., notwithstanding the misapprehensions re-
specting the Powers vested in the Governor in which the trans-
actions referred to in Mr. Moore's Memorial originated, and altho'
there does not appear to be any reason to doubt the fidelity and good
faith with which the affairs of the Trust improperly supposed to
have been created by Governor Macquarie's Deed were adminis-
tered by him. My Lords do not conceive that H.M. Govt. wd. be
warranted in authorizing the grant from the Crown Land Revenues
in N. S. Wales for indemnifying Mr. Moore, as proposed by Sir
R. Bourke. But, adverting to the recommendations of that Officer,
and of the Judges and Attorney General of the Colony, as well as
to the opinion of Lord Glenelg which you have expressed in your
Letter, I am commanded further to reauest that you will state to
his Lordship that, shd. the Council at N. S. Wales, with the local
information relating to the case to which they have access, see
reason to recommend the Grants of the indemnity prayed for and to
appropriate a sum to the purpose from the Colonial Revenue, my
Lords would not object, under the very peculiar circes. of the case,
to give their sanction for such appropriation.
I am, &c.
A. Y. Spearman.
20 May.
Transmission
of queries.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Maitland; acknowledged by
Sir George Gipps. 29th May, 1839.)
Sir, Downing Street, 20th May, 1838.
I enclose for your information a series of questions on
the subject of the means of finding employment in the British
Colonies for young persons, who may have been detected in the
GLENELG TO GIPPS. 423
commission of crime in this Country, but for whom it has been 1838.
found impossible to provide any effectual protection here against
the temptations to which they are exposed in our large Cities.
You will have the goodness to communicate to me such informa-
tion as it may be in your power to supply, in answer to each of
the questions proposed by Lord John Russell. I have, &c.?
Glenelg.
[Enclosure.]
Questions.
1. What are the kinds of Skilled Labour most needed and valu- Queries
able in the Colony? SSS^of"
2. What is the average rate of Wages paid for such labour? employment of
3. Is it redundant, or could the Market usefuly absorb any, and skilled and
what number of additional hands? iaw^
4. What is the average rate of Wages paid for unskilled labour?
5. Does the Supply of unskilled Labourers meet the demand, or is
it materially deficient?
6. Is the demand for such labour steady, or is it likely to be
materially increased or diminished within the next few years?
7. What Sum might an unskilled Labourer without family earn
yearly?
8. Is there any extensive demand for female labour, and what
might an unmarried Female earn yearly?
0. Would any considerable portion of the community be willing
to receive Juvenile Offenders as Apprentices into their Houses,
provided they were satisfied that they had not been confined in the
ordinary Prisons, but in penitentiaries especially adapted for the
purpose of their Instruction and reformation, and the Discipline
which they had there undergone had proved effectual?
10. Would the Colonists be inclined to pay a small premium for
the Services of such Apprentices, so as to cover the expence of their
passage from this Country?
11. Would there be any difficulty in appointing an Officer as pro-
tector or Guardian of such apprentices, who might effectually watch
over their interests during the period of their Indentures?
12. Would Boys, coming from such a Penitentiary instructed
and skilled in Agricultural Labour in the use of the Plough, Spade,
Axe, etca., and having some knowledge of Tailoring, Shoemaking,
and of such Trades as are most needful for Emigrants, be sought
for and preferred in the market for Skilled Labour?
13. In what number at one time would it be desirable to send out
Boys?
14. Are there Facilities and Materials for the formation of a
Committee to receive, superintend, and locate the Boys upon their
arrival in the Colony, to report from time to time to Her Majesty's
Government their proceedings, and to give accounts of the treat-
ment, condition, and conduct of the Boys?
15. Would the Situations of the Boys be mostly in towns, or in
the rural Districts?
16. How long after their arrival out would they be before they
obtained Situations?
17. Where could they be kept in the interim, and how could they
bo employed?
424 HISTORICAL RECORDS OF AUSTRALIA.
1838. 18. If sent into the interior, how far would they be from the seat
20May- of Government?
Queries 19- Would there be any cheek in the Spot upon improper treat-
submitted re ment from Masters, and any one in authority to whom the Boy
prospects of could make known his complaints?
Se°danedt0f 20- Wnat would be the temptations and facilities for the Boys
unskilled running away from their Masters?
labour. 21. Where would they in case of Escape be induced to go?
Lord Glenelg to Sir George Gipps.
(Despatch No. Ill, per ship Maitland ; acknowledged by
Sir George Gipps, 8th January, 1840.)
21 May. Sir, Downing Street, 21 May, 1838.
I have the honor to transmit to you a Copy of a Letter
from the Secretary to the Treasury with a report from the Com-
missioners of Audit on the account of Mr. Eiddell as Treasnrer
Report required at New South Wales ; and I have to request that you will call on
c°d. Ridden. tne Colonial Auditor for an explanation of the delays noticed
in the report, and direct that officer to take the necessary steps
forthwith for furnishing the explanations desired.
I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 11th May, 1838.
The Lords Commissioiiers of Her Majesty's Treasury having
had before them a Report of the Commissioners of Audit dated the
3d Instant, submitting the State of the account of C. D. Riddell,
Esq., as Colonial Treasurer of New South Wales from 1st of Janu-
ary to 31st of December, 1835, I have it in command to transmit
to you an Extract from the said Report, in which the attention of
My Lords is called to certain Queries, which arose upon the
examination of this account, to which the Commissioners of Audit
have not received answers ; and I am to request that you will move
Lord Glenelg to cause a communication to be addressed 'to the Gov-
ernor of New South Wales instructing him to call on the Auditor
of the Colony for an explanation of the delays noticed in the said
Report, and to direct the Auditor to take the necessary steps forth-
with for furnishing the explanation called for by the said Queries.
I am, &c,
A. Y. Spearman.
[Sub-enclosure.]
Extract from Report of Commissioners of Audit, dated 3d May,
1838, on accounts of C. D. Riddell, Esq., a Colonial Trea-
surer of New South Wales to the 31st Deer., 1835.
Queries on In transmitting the State in question, We deem it however neces-
accounts sary to observe that the account has been made up and audited,
waLitb?ow and although we have not received answers to the queries, 16 in number.
c.'d/rkiXil1" which arose upon its examination, and which, with the exception
GJPPS TO GLENELG. 425
of the last in the series, were sent from this Office so long since as is3S.
in July and August. 1836, addressed for the accountant to Mr. 21 May.
Lithgow, the Colonial Auditor, and of which duplicates were for- Querieson
warded in the months of August and November, 1836. accounts
The queries not having been of a description to lead to any even- unanswered by
tual surcharge against the Treasurer personally, we have deemed ^ 'D^Ri^dlf "d
it expedient to state the account without further delay, although,
in the event of some part of the expected explanations proving
unsatisfactory, it may become proper to call upon the Treasurer
to recover from other Parties the amount of some inconsiderable
errors referred to in the queries.
We had already been induced, with the like view of avoiding
arrears, to state to your Lordships the account of Mr. Riddell as
Colonial Treasurer for the prior year (1834) the greater part of
the Queries upon which account, although forwarded to the
accountant through Mr. Lithgow in March and June. 1836, were at
that time and still remain unanswered, none of the queries upon
that account having been of a nature to lead to any surcharge ; a
course of proceeding, which we have found it expedient to adopt
in the cases of other accountants, where our queries were of a
description calculated to lead to greater regularity in future, and
not to surcharges against the accountant.
But as this want of attention, on the part of the Colonial Trea-
surer and Auditor, to our queries and to other communications,
which have been addressed from this office to the local Auditor,
since the commencement of 1S36, impedes and, so far as we are
aware, unnecessarily delays the passing of the Colonial Accounts,
which from the distance of the Colony must always be much in
Arrear; and, as we have not received the Treasurer's accounts for
a later period than the 31st of March, 1836, although the accounts
of the Commissariat for the same station have been received to the
31st of July, 1837, we have felt it our Duty to apprize your Lord-
ships of the state of the case. We have. &c.
F. S. Larpent.
h. f. luttrell.
Hy. Arbuthnot.
Sir George Gipps to Lord Glenelg.
(Despatch No. 81, per ship Minerva.)
My Lord, Government House, 25th May, 1838. 25 May.
Reports having reached me from various quarters of the inferiority of
inferiority in the victualling of Convict Ships from Ireland, in comkt ships
comparison with that of vessels fitted out under the direction from IrelancL
of the Admiralty at Deptford, as also of inferiority in the quality
of the clothing supplied to the Prisoners for the voyage, I have
the honor to inform your Lordship that I judged it proper to
cause a Board, consisting of the Deputy Commissary General, Board of
the Ordnance Storekeeper and a Medical officer, to be assembled SSnted.
for the purpose of inspecting and reporting on the provisions and
stores remaining in the ships "Diamond," and "William Jar-
dine," after the Convicts recently brought by them from Ireland
426
HISTOEICAL RECORDS OF AUSTRALIA.
1838.
25 Mav.
Result of
inquiry.
had been landed; and I now enclose to your Lordship a Copy of
the Report (dated the 15th instt.) which has been made to me by
the Board.
A simple perusal of this report will, I hope, induce your Lord-
ship to cause an enquiry to be made into the mode of victualling*
these ships, and of supplying the Convicts with clothing, bedding,
etc., for the voyage.
The report shows so clearly the justice of the complaints which
had reached me, that I do not feel it necessary to make a single
comment on it.
With respect to the equipment of the vessels themselves, there
seems to be little ground of complaint; nevertheless I think it
right to enclose copies of two letters, which have been addressed
to the Colonial Secretary by the respective Surgeons of these
ships, there being a remark in one of them upon the deficiency
in the Water Closets. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.']
26 May.
Memorial from
C. Neville
acknowledged.
C. Neville to be
appointed to
vacancy.
29 May.
Despatch
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 112, per ship Maitland.)
Sir, Downing Street, 26th May, 1838.
I have received Sir Richard Bourke's dispatch No. 95 of
the 22d September last, enclosing a Memorial from Mr. Charles
Neville, who had been temporarily employed by your Predecessor
as a Landing Waiter and Searcher at the Port of Sydney, until
superseded by the appointment of Mr. Bolton to that situation,,
praying for compensation for loss of office.
I have referred Mr. Neville's Memorial to the Lords Commis-
sioners of the Treasury for their consideration, and they have
stated in reply that the Commissioners of Customs have been
directed to bring the case again before their Lordships, should a
vacancy occur at New South Wales, the duties of which Mr-
Neville may be qualified to perform. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 113. per ship Maitland.)
Sir, Downing Street, 29th May, 1838.
Having referred for the consideration of the Lords Com-
missioners of the Treasury Sir Richard Bourke's dispatch No. 91
of the 14th September last, in which he recommended that the
Comptroller of Customs at Sydney should be appointed Collector
GLENELG TO GIPPS. 427
of Customs and Treasurer at Port Phillip, I have now the honor 1838.
to transmit to you the enclosed copy of a letter in reply, written
I iy direction of the Lords Commissioners, stating their objection
to the proposed arrangement, but expressing their willingness to Arrangement
allow Mr. Webb, the present Sub-Collector at Port Phillip, to ^eTull*0" of
remain there for the present with such assistance as may be found Port Phillip.
necessary, taking charge of any sums which may be received on
account of Land Sales or any other branches of the Colonial
Revenue with an extra allowance at the rate of £100 per annum.
I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Ltxder Secretary Stephen.
Sir. Treasury Chambers, 21 May. 1838.
With reference to your letter of the 24th Feby. last. I am Refusal to
commanded by the Lords Commrs. of H.M. Treasury to request you appoint collector
will state to Lord Glenelg that my Lords, having had under con- treasure™ at"
sideration the arrangements relating to the Customs Estabt. at Port Phillip.
Port Philip, N. S. Wales, proposed in the Despatch of Governor
Sir Richard Bourke of 14 Sept. last, have not deemed it necessary,
on communicating with the Commrs. of Customs to sanction so
large an addition to the expense of the Establishment in question
as the adoption of that proposition would occasion, more especially
as the services of Mr. Cooper will continue to be required at the
Head office in Sydney, altho' the designation of Comptroller may
not be retained.
My Lords have moreover to observe that the very recent forma-
tion of the Settlement. Port Phillip, and the limited information
that has yet been obtained as to the Trade likely to be carried on
there, have prevented the Commrs. of Customs from offering an
opinion as to the nature and extent of the Establishment, it will Administration
eventually be proper to plan there, and My Lords have therefore ^^pHUto*
considered it sufficient and the most expedient course to leave Mr.
Webb, the present sub-collector in charge of the Dept. at that
station, and that he shd. carry on the duties of it with such assist-
ance as the Governor on consulting with the Principal officers at
Sydney may think necessary for a period of two years, at the
expiration of which time the requisite information for enabling the
Commissioners to suggest a more permanent arrangement will
doubtless have been obtained. My Lords have therefore conveyed Sub-collector to
the proper directions in this respect to the Commissioners of Cus- arPo^rPhimrT
toms and have further caused the Commissioners to be apprized
that it will be necessary for the present that the sub-collector of
customs at Port Philip should take charge of any sums that may
be received on account of Land Sales or any other branches of the
Colonial Revenue at that station, and disburse or otherwise dispose
of the same in such manner as the Governor of New South Wales
may direct; and that my Lords will not object to sanction the issue
of a moderate remuneration to the sub-collector not exceeding
£100 per annum for this extra duty, in addition to his Salary on
the Establishment, with respect to the rate of which they are.
however, at present in eommnnication with the Commrs.
428
HiSTOEICAL RECORDS OF AUSTRALIA.
1S38.
29 May.
31 May.
Concessions to
army medical
officers in
purchase
of land.
1 June.
Letters of
denization for
J. A. Curtoys.
I am further to request that, in submitting this communication
to Lord Glenelg, you will move his Lordship to cause the requisite
directions and information on the subject to be conveyed to the Gov-
ernor of N. S. Wales. I am. &c.
A. Y. Spearman.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Maitland.)
Sir, Downing Street, 31 May, 1838.
I have the honour to acquaint you, for your guidance, that
Medical Officers of the Army who have commuted their Half-Pay,
will be entitled to the same advantages in the purchase of Land
in the Australian Colonies as Subaltern Officers, who have sold
their Commissions for the purpose of emigrating.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 114, per ship Maitland.)
Sir, Downing Street, 1 June, 1838.
I have received Sir Richard Bourke's dispatch No. 129 of
the 4th December last, and I have much pleasure in conveying
to you Her Majesty's authority for issuing letters of denization
to Mr. J. A. Curtoys, a Native of Spain resident at Sydney.
I have, &c,
Glenelg.
2 June.
Despatch
acknowledged.
Delay in reply.
Allegations ?•<
delay to new
settlers in
acquisition
of land.
Sir George Gipps to Lord Glenelg.
(Despatch No. 82. per ship Spartan; acknowledged by
lord Glenelg, 10th November, 1838.)
My Lord, Government House, 2nd June, 1838.
Your Lordship's Despatch No. 361 of the 12th August
last, with an enclosure from Dr. Fowles, was received in this
Colony on the 8th Feby., but, as I did not myself arrive in the
Colony until the 23rd of that month, and have since been un-
remittingly occupied on business of immediate urgency, I hope
your Lordship will not consider that I have made any unneces-
sary delay in reporting on the very important questions raised
by Dr. Fowles on the subject of land granting, and on the facili-
ties which ought to be afforded to New Settlers.
Dr. Fowles first complains of the delay that a new Settler has
to encounter in the acquisition of land, and states that, after
spending of necessity a considerable time in fixing on the spot
whereon it is most eligible to settle, he must wait another con-
siderable period before the land, that he wishes to purchase, can
GIPPS TO GLENELG. 429
be put up at auction; that he is then exposed to be outbid by ips.
persons who do not wish to admit Xew Settlers to their neigh-
bourhood, or by speculators who fraudulently take advantage of
his necessities.
Dr. Fowles then proceeds to recommend to your Lordship cer- Reforms
tain measures, which he thinks would have the effect of relieving Pr°P°se •
him from these disadvantages; but, before I proceed to the con-
sideration of these proposed remedies, I will crave permission of Reply by
your Lordship to make some observations of my own on his aiYegattaET t0
complaints.
The loss of time, in finding out the most eligible spot on which Necessity
to settle, is one to which a new comer in a strange land is neces- selection m
sarily exposed; all the Government can do is to give him every ofland.
possible facility in knowing where vacant lands are to be had,
and I have heard no complaint of this not being done to the
utmost power of the officers of Government whose duty it is to
afford the information.
Secondly, as to the delay to which he is subject, after he has
made his selection and demanded that the land he wants to pur-
chase should be put up to auction. This delay is not of three practice re sale
months' duration as stated by Dr. Fowles, but of one month onlv, *y auction of
. , . . -,, • -i -i ! t -i • c i land selected,
it being specially provided by the regulations now in iorce that
new settlers may have land put up to auction at one month's
notice, instead of three, provided, that is to say, it has already
been surveyed; and I do not see well how the time can be made
less, for, if an auction is to be had at all, due notice of it must
be given.
Thirdly, Dr. Fowles complains that, on the day of the sale, Opposition to
he is likely to be outbid not by bona fide purchasers, but by 2£b^uetJon
persons who wish to keep him from their neighbourhood, or by
others who wish to extract a bribe from him for their silence.
With respect to the persons by whom a new settler is likely to
be outbid, I am disposed to think that Dr. Fowles is mistaken
in supposing them for the most part not to be bona fide pur-
chasers ; most of the old settlers of the Colony are men of wealth, purcriases by
and able to purchase land in their own neighbourhood, tho' they old settlers.
will not for reasons very easily understood do this, until they
find new settlers coming as they think too near to them. So long
as these lands are vacant, they are suffered to depasture their
flocks and herds on them, either for nothing or at a rent scarcely
more than nominal, and therefore they have little inducement to
extend their purchases; but they stand ready to do so, whenever
they are by the appearance of a new comer placed in danger of
losing the land for ever. With respect to the second class of
persons complained of by Dr. Fowles, there can be no doubt that
430
HISTORICAL RECORDS OF AUSTRALIA.
183S.
2 June.
Operations
of land
speculators.
Practice re sale
of land selected
before survey.
Proposal for
abolition of
limits of
location.
they exist, and they are well known by the name of Land Sharks
in the Colony; but their practises are not, I have reason to be-
lieve, near so extensive as Dr. Fowles supposes them to be. They
will sometimes endeavour to extort money even from new Comers
by threatening to bid against them; but their manoeuvres are
oftener played off against old settlers, not only because they are
better able generally speaking to pay than new Settlers, but be-
cause land in a particular locality is more desired by the old
settler than by the new one. It is often of great importance to
the old settler to retain the possession of land in the immediate
neighbourhood of that which he already possesses; but, in the
wide space of this great Colony, it is a matter of comparative in-
difference to the new Settler, whether he fixes himself on one
spot or another. If indeed the New Settler desire to have land
in a particular situation, and such land has not been surveyed,
he is doubtless exposed to greater uncertainty and delay; but I
do not see how it can by possibility be prevented; the process
in this case is the same for the new as for the old settler.
So soon as a piece of land that has not been measured is
applied for, it is advertised as being for sale, with an intimation
that the day of sale will be fixed in a future notice. It is then
ordered to be measured; but the Surveyor, to whom the order is
addressed, is perhaps engaged on other work, or may have a num-
ber of prior orders unexecuted, in which case the second adver-
tisement fixing the day of sale may not follow for many months.
This uncertainty, however, the new Settler may avoid by choosing
a piece that is already measured, of which there is generally a
plentiful stock on hand; and, if he do so, the new settler can have
it put up for auction in a month, though the old Settler must
wait three. To know whether a piece of land has been measured
or not, the settler has only to ask at the Surveyor General's office.
I now proceed to consider seriatim Dr. Fowles' remedies :
The first is, that there should be no artificial bounds to the
Colony as at present.
This might perhaps enable new settlers to get good land some-
what cheaper than they now can do ; but it would without doubt
aggravate every other evil complained of by Dr. Fowles, and
particularly the delays incidental to surveys would be vastly in-
creased; the Surveyor General now has surveying parties dis-
tributed over a space of about 45,000 square miles; the same
number of parties would, if there were no boundaries, have to be
extended over three or four times that surface ; By the opening of
Port Phillip however, an immense tract of Country is now made
accessible to the purchaser, which until lately was closed against
him.
GIPPS TO GLENELG. 431
The second remedy proposed by Dr. Fowles is that settlers of 1838.
the Middling Classes should be allowed a free grant of land in -_^e-
the Colony, equal in value to what they have paid for their £^£^2^
passage ; equal in value to
This would be a direct infringement on the principle, that all passage money-
lands are to be sold, and not given away, and it would moreover
be scarcely possible to decide who were to be classed as Middling
Settlers. To determine this point, an investigation would be re-
quired, that in many cases would be offensive. It would also be
in effect the same thing, as if their passage were paid out of the
immigration fund ; or it would be in other words extending to all
comers the advantages of a free passage, which are now (and in
my opinion very properly) confined to the two classes of Me-
chanics and Farm laborers. And here it may not be improper for
me to remark that the Colony is at present far more in want of
laborers than of Capitalists. In fact Capital is I believe flowing influx of
into the Country faster than, for want of laborers, it can long caPltaL
continue to be advantageously employed, though this is a point
on which much difference of opinion may exist.
The Third remedy proposed by Dr. Fowles is that a new settler Proposal for sale
should be allowed to select one section (640 acres) as a homestead miSmum price ;
at a minimum price of 5s. an acre, on which to settle himself
and family;
This perhaps would not be very objectionable, provided it were
limited to land that had been put up to auction, and not bought ;
but, if so limited, it would soon come to be of little use; and, if
not so limited, it would be an infringement on the principle of
selling by auction, and productive of all sorts of fraud and col-
lusion, and particularly it would enable the old and rich settlers
to get lands in their own neighbourhood at 5s. an acre, by putting
forward men of no Capital (men of straw) as the purchasers
of them, which very lands they are now ready, as Dr. Fowles
himself complains, to purchase at prices which the new settler
cannot afford to give.
Dr. Fowles' Fourth remedy is that the Deposit money now for increase
paid on the fall of the hammer should be increased to 50 per cent. of deposit at
. . .... auction sale ;
Against this or against raising it at least to 25 per Cent., I
see no serious objection ; but I think the advantage of it would be
found very trifling. The Colonial Treasurer gives it as his
opinion that the proportion of land, on which the forfeiture of
instalments occurs, is not greater than that of 1 to 20 of what is
sold.
The Fifth proposed remedy is that not only land which has and re lands
been offered at auction, but also land on which the forfeit of the ^"a^mini-
deposit money has been made, should be open to the selection of mum price.
432
HISTORICAL RECORDS OF AUSTRALIA.
1838.
2 June.
Practice re
land for naval
and military
officers.
Necessity for
sale of land
by public
auction.
new settlers at the minimum price of 5s. in the same way, as
Dr. Fowles says, it is open to Military Settlers, Land of this
latter description, however, is not open to Military settlers at
the minimum price, and it would be very unfair that it should be.
Such land may have been knocked down at any price varying*
from 5s. to £1,000 per acre. But supposing even that land had
been knocked down at 20s. per acre, and a deposit of 2s. per acre
forfeited, the presumed value of it would still be something not
very far from 20s., say 16s. or 17s. at the least, and why should
it, I would ask, be sold to anybody for 5s. ?
Military and Naval Officers are never in this Colony allowed to
have such land at the minimum price; the universal rule is
that it must be put up again to auction.
Having thus replied to all that Dr. Fowles has complained of
in the present system of selling land in this Colony, I must in
conclusion beg leave to state that there is nothing in my own
opinion, and I believe also in the opinion of persons of most
experience in the Colony, so essential for its continued prosperity,
as to maintain inviolate the principle, to which the Government
is pledged, of selling all lands by public auction to the highest
bidder; and, though it may be expedient to continue the excep-
tion in favor of Military Officers, any further infringement on
it is, I believe, in the highest degree to be deprecated.
I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 115, per ship Maitland.)
Sir, Downing Street, 4 June, 1838.
I have received Sir Eichd. Bourke's Despatch, No. 116 of
the 19th Novr., transmitting a Petition from Mr. Buckley,* pray-
ing under the circumstances stated in the petition for a Grant
of Land or some other assistance from Her Majesty's Gov-
ernment.
To the application for a Grant of Land, I must in any case
grant or pension haye returned a decided refusal; but I confess that, in the pre-
tor \\ . Huckley. a* • •_£• i
sent instance, I do not see any sumcient reason to justiiy the
grant of a Pension as suggested by Sir Eichard Bourke. Buckley
has already obtained presents and a salary of £75 a year for
services which he has rendered, but especially, when taken in
connection with his former history, they do not appear to me
sufficient to warrant any further remuneration from the Public.
I have, &c,
Glenelg.
4 June.
Despatch
acknowledged.
Refusal of land
Note 54.
GIPPS TO GLENELG. 433
Sir George Gipps to Lord Glenelg. isss.
5 June.
(Despatch No. 83, per ship Spartan; acknowledged by
lord Glenelg. 5th November, 1838.)
My Lord, Government House, 5th June, 1838.
I have the honor to transmit to your Lordship a copy of Transmission
the speech* with which I opened, on the 29th ulto., the Legislative £* council.
Council of this Colony.
I have further to inform your Lordship that, as soon as I had Admission of
completed the delivery of my speech, a Petition, a copy of which debates of
is enclosed, was presented by the Attorney General, signed by council.
many respectable inhabitants of the Colony, praying that the
doors of the Council might be no longer closed against the Public,
the prayer of which petition was by the Council unanimously
acceded to.
Your Lordship will perceive by the " Votes and Proceedings "
of the Council, sent herewith, that a doubt was afterwards raised
by the Committee, which was appointed to frame Rules for the
admission of Strangers, as to the power of the Council to admit
them to its debates ; but, notwithstanding these doubts, the original
resolution* was confirmed by the Council, the Chief Justice, with
whom the doubts had arisen in the Committee, voting himself
in favor of it. These doubts were explained by the Chief Justice
to have been suggested by the general tenor of the New South
Wales Act (9th Geo. 4th, Cap. 83), from which the Chief Justice
said he gathered that it must have been the intention of the
Imperial Legislature to establish a close Council and not an
open one.
I feel it right to apprize your Lordship that not only was the Opinion of
Attorney General's proposition brought forward with my know- infavour^of
ledge and full consent, but that I also in Council recommended admission
the adoption of it; and I beg to explain to your Lordship that I
did this not only from a conviction that on a general principle
it is undesirable to veil the proceedings of the Council in secresy,
but also because it appeared to me that the measure of opening
the Council to the Public might tend in a great degree to recon-
cile the people of the Colony to the repeated postponement in the
Imperial Parliament of the measure which is to give to the
Colony a Legislative Body, more suited than the present one to
its actual wants and to its daily increasing importance.
I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will be found in the " Votes and Pro-
ceedings" of the legislative ccuncil.~]
SBR. I. Vol. XIX— 2 E * Note 91.
434
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
7 June.
Despatch
acknowledged.
Payment for
demurrage on
ship Lady
McNaghten.
Approval of
payment for
demurrage.
Lord Glenelg to Sir George Gipps.
(Despatch No. 116, per ship Maitland.)
Sir, Downing Street, 7 June, 1838.
Having referred for the consideration of the Lords Com-
missioners of the Treasury Sir Richd. Bourke's Dispatch No. 60
of the 7th July, 1837, on the subject of the detention of the Emi-
grant Ship " Lady MclSTaghten " at Sydney, and the expences
incurred in consequence of the sickness, which prevailed on
board that vessel, I have the honor to transmit to you for your
information a copy of a Letter from the Secretary to the Trea-
sury with a report from the Solicitor to that Board, and to
acquaint you that, in compliance with the recommendation
therein contained, I have directed the Agent General to pay to
the Owners of the Vessel the sum of £302 13s. lOd. for demurrage,
arising from the use of the ship as a Lazaretto from the 7th of
April to the 10th of May, together with the amount of the wages
of the Pilot during that period. These payments will be made
from the Land Revenue of the Colony. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 30th May, 1838.
I am commanded by the Lords Commissioners of Her Ma-
jesty's Treasury to transmit, with reference to your communication
of 24th of March last on the subject of the detention of the Emi-
grant Vessel " Lady McNaghten " at Sydney, and the expenses in-
curred in consequence of the Epidemic Disorder on board, Copy of
a letter from the Solicitor to this Board, dated the 18th Instant,
and to request that, in submitting the same to Lord Glenelg, you
will state to his Lordship that it appears to my Lords it will be
proper to authorize the Agent General for New South Wales to
settle the claim of the owners of the vessel, submitted in the des-
patch from Sir R. Bourke of 7th of July, 1837 (No. 60), in the
manner which Mr. Maule has pointed out, by payment of the sum
of £302 13s. lOd. for demurrage arising from the use of the ship
as a Lazaret from the 7th of April to the 10th of May, and also
of the wages of the " Pilot " for the like period, during which the
title to demurrage is admitted.
These payments will be chargeable to the Land Fund of the
Colony, as incurred on account of Emigration; and, as their Lord-
ships observe that the other charges attending the Quarantine of
this vessel are reported by Sir R. Bourke to have been defrayed
from the same fund, and were incurred for the necessary relief of
the Emigrants on board the vessel or under the advice of the local
Law officers, they do not consider it necessary to offer any further
remarks on the statement, which accompanied the despatch of the
late Governor of New South Wales. I am, &c,
A. Y. Spearman.
GIPPS TO GLENELG. 435
[Sub-enclosure.] 1838.
7 June.
Mr. C. Bourchier to Mr. A. Y. Spearman.
Sir, Treasury, 18th May, 1838.
With reference to your letters of the 18th Ultimo and 8th in- Legal opinion
sfcanit, transmitting the several papers herewith returned respecting demurraeeon
the emigrant ship " Lady McNaghten," and desiring my report as ship Lafiy
to the claim of Mr. Hustwick, the Master and part-owner, for de- McNaghten.
murrage and pay of a pilot, I beg leave to acquaint you, for my
Lords' information, that it appears, by the charter party of
affreightment, that demurrage was to be allowed for the detention
of the ship beyond 00 days from the 15th of October, 1830, or time
when she should be ready for service at Cork, and the time when
she should be ready for discharge. I think it may be collected from
the papers that the ship was ready for service at Cork on the
16th of October, 1830, and she sailed from thence on the 4th of
Xovr., which make 20 days' detention at Cork. These being added
to the 40 days' quarantine at Port Jackson, complete the 00 days.
Mr. Hustwick's claim is for the detention of his vessel after the
termination of the quarantine, and it appears to me to be well
founded.
With regard to the charge for the pilot, I think that, during the
40 days' quarantine, that expense should be defrayed by the Master
of the Vessel ; but that, for the additional 35 days, during which i
consider him entitled to demurrage, his claim in respect of the
pilot is just. I am, &c,
Chas. Bourchier.
Sir George Gipps to Lord Glexelg.
(Despatch No. 84, per ship Spartan.)
My Lord, Government House, 7th June, 1838.
I have the honor to transmit herewith to your Lordship Application to
a copy of an application which has been made to me by Mr. afweXern^ort!
C. Swanston and other gentlemen in Van Diemen's Land, beg-
ging to be allowed to open Coal Mines at Western-Port, a place
situated in Bass' Straits and within the limits of this Gov-
ernment.
The advantage of opening Coal Mines in this part of the Advantage of
Country must be apparent to your Lordship, when it is borne in ^y^1""1 es rt
mind that, in consequence of the recent settlement of Port
Phillip, a very active navigation is likely to spring up between
the different Ports in Bass' Straits, as well as between Port
Phillip, Sydney, Hobart Town, and South Australia, in which it
will be desirable to employ steam vessels. But, by the existing Monopoly of
agreements between the Government and the Australian Agri- S^tedta?*
cultural Company, a monopoly of Coal* is given to the latter A.A. company.
throughout the whole extent of this Colony for 31 years (reckoned
* Note 92.
436
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
7 June.
Monopoly of
coal-mining:
granted to
A. A. company.
Assertion of
claims of
government.
Necessity for
negotiations
in London.
Situation of
coal-mines.
from 1830) subject only to restriction or regulation by the Secre-
tary of State. This agreement was, I believe, made in London,,
and I do not find that any exact copy of it has ever been trans-
mitted to this Colony. The only document of an authentic
description, which I have been able to discover, is a letter of
which I enclose a Copy, written by order of General Darling on
the 25th June, 1830, to the Agent of the Company, who was at
that time Sir Edward Parry, and it is to the tenth paragraph of
this letter that I would request your Lordship's attention. This
paragraph seems to me ambiguous, inasmuch as it is not quite
clear whether the words, " without the previous sanction of the
Secretary of State," apply to the whole of it or only to the
latter part. In neither case however does it appear to me that the
local Government is restricted from working the Coal on its own
account in the same way that the New-castle mines were worked
prior to 1830; and, though I have not the least desire to embark
in such an undertaking, I would rather do it than see the Public
suffer in consequence of the bargain that was made by the Gov-
ernment with the Company in 1830.
In a communication which I have caused to be made to the
present agent of the Company, and of which I enclose a copy,* I
have assumed not only that the Government has the power of
working the mines itself, but also the power, with the sanction
of the Secretary of State, of allowing other parties to do so;
but. as some weeks must elapse before I can get his answer, T
do not think it right to delay this Despatch until I receive it.
If any negotiation with the Company be necessary, it must
take place I presume in London and not here; and therefore I
think it essential to lose no time in bringing the subject before
your Lordship. At present the only Coal Mines worked by the
Company are situated at New Castle, 80 miles to the North of
Sydney, and nearly 700 from Port Phillip; and it will evidently
be a great hardship on the settlers at Port Phillip, and in other
parts of Bass' Straits, to be forced to buy Coal procured from
such a distance or from Van Diemen's Land, when it can be
obtained abundantly in their own neighbourhood.
I will not fail to address your Lordship again on this subject,
as soon as I get an answer to the letter that I have caused to be-
written to the Company's Agent. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will be found in a volume in series III. J.
* Note 93.
GLENELG TO GIPPS. 437
Lord Glenelg to Sir George Gipps. i838.
(Despatch No. 117, per ship Maitland; acknowledged by
Sir George Gipps, 23rd February, 1839.)
Sir, Downing Street, 8 June, 1838.
With reference to my Dispatch of the 14th of April last Advance to
No. 101, I have the honor to transmit to you the Copy of a letter ^J^En
from the Secretary to the Board of Treasury, stating that their service.
Lordships have issued to Mr. Barnard the Sum of Five Thou-
sand Pounds for Emigration Service on account of your Gov-
ernment.
You will cause the said amount to be paid over without delay
from the Colonial Funds to the Military Chest in New South
Wales. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, . Treasury Chambers, 5th June, 1S38.
With reference to my Letter of the 18th of April last, and to
your reply thereto of the 25th of the same month, respecting the
demands on the Agent General for New South Wales on account of
the Expenditure for Emigration, I am commanded by the Lords
Commissioners of Her Majesty's Treasury to request you will state
to Lord Glenelg that my Lords have authorized an issue of £5,000 to
Mr. Barnard for the purpose in question, and that you will move
his Lordship to instruct the Governor of New South Wales to repay
that amount to the Military Chest on that Station.
I am, &c,
A. Y. Spearman.
Lord Glenelg to Sir George Gipps.
(Despatch No. 118, per ship Maitland; acknowledged by
Sir George Gipps. 19th December, 1839.)
Sir, Downing Street, 9 June, 1838. 9 June.
I have received your Predecessor's Dispatch No. 130 of Despatch
the 4th of December last, reporting the retirement of Mr. Fisher acknowledged.
from the Office of Agent to the Estates of the late Church and
School Corporation, and the appointment of Mr. McPherson to
fill that Situation together with his own original appointment of
Clerk of the Councils. The combination of several Offices in the Disapproval of
hands of the same person, particularly in a case like that of Mr. w.PMaSSson
McPherson where the emoluments of the original Office are suffi- to charge of
cient for the Officer's maintenance, appears to me open to serious school estates.
objection. I am unable, therefore, to sanction the continuance
of the arrangement made by Sir Kichard Bourke in this instance,
and I have to request that you will select some other Gentle-
niiiii to fill the Office vacated by Mr. Fisher. I have, &c,
Glenelg.
438
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
12 June.
Despatch
acknowledged
re gratuities to
surgeons on
emigrant ships.
Terms of
employment of
D. Thompson.
Increase of
gratuity for
D. Thompson.
Lord Glenelg to Sir George Gipps.
(Despatch No. 119, per ship Maitland.)
Sir, Downing Street, 12 June, 1838.
I have received your Predecessor's Dispatch No. 124 of
the 4th Novr. informing me that he had allowed Mr. D. Thomp-
son a gratuity of £100 for his services as Surgeon Superintendent
of the " John Barry," and the same Allowance to Dr. Roberts,
leaving in each case £50 to be received by Dr. Boyter who had
the selection of the Emigrants. Sir George Grey has also laid
before me a letter addressed to him by Mr. Thompson, a copy of
which I transmit for your information, together with a copy of
Mr.' Elliot's Report on that letter. With reference to Mr. Thomp-
son's statement that he declined the appointment under the
arrangement, at first proposed to him, Sir George Grey informs
me that he has no precise recollection of the conversation to which
Mr. Thompson refers; but he remembers that Mr. Thompson
stated his unwillingness to undertake the duty for a less re-
muneration than that which he would receive as Superintendent
of a Convict Ship, an appointment which he had reason to expect,
and that it was upon an understanding that the charge of the
" John Barry " would be equally beneficial to him as that of a
Convict Ship that he consented to proceed at once in charge of
that ship, for which, owing to Dr. Boyter's inability to proceed in
her as originally intended it was necessary to make immediate
provision.
Under these circumstances, I think that Dr. Thompson is
entitled to an allowance equal to that enjoyed by other Surgeons
in Emigrant Ships, namely, £150 in all, which I understand to be
about the average gratuity in the Convict Service; but I like-
wise agree in Mr. Elliot's remark that there appears no reason
why it should exceed that amount; and, as Mr. Thompson is re-
ported in Sir R. Bourke's Dispatch of the 27th of Novr., 1837,
to have already received £100 as his share of the original gratuity,
I have now to sanction the further issue to him of £50 to Com-
plete his remuneration. I have, &c,
Glenelg.
[Enclosure No. 1.]
Surgeon Thompson to Sir George Grey.
Sir, Sydney, New South Wales, 24th October, 1837.
Report re I have the honor to acquaint you. for the information of
voyage of ship Lord Glenelg. that, at the period of the arrival of the ship "John
John Barry. Barry " here in July last, I was prevented by indisposition from for-
warding a Report of occurrences on the voyage from Scotland.
As a full report having been sent by the Government here, I shalT
confine myself to notice only the most important circumstances.
GLENELG TO GIPPS. 439
The voyage was fortunately not of unusual length, as, from the 1838.
very encumbered state of the between-decks and the indolence and 12 June.
great want of attention of the Emigrants to cleanliness, consider- Report re
able sickness prevailed, especially among young children. voyage of ship
Twenty two deaths occurred among them, and three adults died. John Bar,y-
These took place previous to the arrival of the ship here, at which
time several adults were labouring under Fever.
This disease was clearly attributable to the impossibility of
keeping the Ship in a clean and wholesome condition, owing to the
quantity of Luggage, which the agent Dr. Boyter had unfortunately
permitted to be brought on board by the Emigrants.
It was judged necessary by the Authorities here to place the
Emigrants in quarantine, in consequence of which they were re-
moved on there and accommodated in Tents, until houses could be
erected for them.
They were consequently much exposed to vicissitudes of the
weather, it being the depth of winter. The disease now assumed
a virulent and highly contagious character. Above forty were at-
tacked and sent to Hospital, and I think nine deaths occurred there
from the disease.
The Emigrants have been some time released and are all em-
ployed at their various Trades.
I regret to state that many unworthy characters were admitted
(no doubt inadvertently), and several who knew nothing of the
Trades they professed when they obtained a passage, but who made
themselves conspicuous by their turbulent and unruly conduct. All
were more or less inattentive to preserve the ship in that cleanly
state so essential to the preservation of health, notwithstanding my
urgent and unceasing endeavours to make them sensible of its
necessity.
I shall only briefly observe that my duty was of the most anxious
and harassing nature, it is possible to conceive; how it has been
performed, it is for others to judge; but I may here state that the
number of deaths on the voyage is not greater than occurred on
board the Adam Lodge under Dr. A. Osborne, and under circum-
stances much more favorable for the preservation of health.
I avail myself of this opportunity of referring to the circum- Terms of
stances relating to my acceptance of the appointment to the " John employment of
.., „ D. Thompson.
Barry.
I trust it will be in your recollection that I at first declined the
appointment, under the arrangement that Dr. Boyter should receive
part of the gratuity, as in that case the remuneration would not
equal that allowed in Convict Ships; that you proposed I should
receive the Hundred Pounds allowed for passage home, even in the
case that I should prefer remaining in the Colony; and that I
accepted the charge on that understanding.
His Excellency Sir R. Bourke informs me, he has not received
notice of this arrangement. I beg therefore respectfully to solicit
that a communication on this subject may be addressed to him to
enable me to receive the remuneration you intended for the very
arduous duty I have performed.
I have, &c,
David Thompson,
Surgeon, R.N., late Superintendent of the John Barry.
440
1S38.
12 June.
Transmission of
report from
D. Boyter.
Stowage of
baggage
between decks.
Quality of
emigrants
per ship
John Barry.
Terms of
employment of
D. Thompson.
HISTORICAL RECORDS OF AUSTRALIA.
[Enclosure No. 2.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, Middle Scotland Yard, 29th May, 1838.
In reference to your letter of the 25th Ultimo, enclosing a
communication from Mr. David Thomson, late Surgeon Super-
intendant of the Emigrant Ship " John Barry," and desiring that
I would call for a Report upon it from Dr. Boyter, who selected
the Passengers for that vessel, I have now the honour to forward
such a report from Dr. Boyter accordingly.
The two main points of a general nature, that seem to require
notice in Dr. Thompson's Statement, are the accumulation of lug-
gage between Decks, and the deception he says to have been prac-
ticed by a part of the emigrants, many of them being unworthy
characters, and several ignorant of the Trades they had professed.
With respect to encumbering the space between Decks with bag-
gage, which I think a serious evil, I have had occasion before to
mention the positive Regulation I have laid down against allowing
any except the most moderate and indispensable quantity of luggage
in that situation ; and the smaller number of people admitted into
the Ships, since I have had the honor of being in charge of the
business, will render the observance of this direction the more easy.
In regard to the quality of the Emigrants in this Ship, which
sailed from Scotland before I entered on my present duties, I have
no direct knowledge. You will observe that Dr. Boyter positively
declares that two thirds of them were personally known to him,
and that every means were taken by him to prevent imposition by
the others ; and he states that, both in the Public Prints of the
Colony and in his private letters, they are spoken of as a valuable
acquisition to the Colony. It certainly is fair to Dr. Boyter to
remark that the Governor's dispatch to Lord Glenelg No. 93 of the
19th of September, 1837, contains the following passage upon the
Emigrants by the " John Barry " : — " The greater number of them
were released under the advice of the Board of Health on the
8th Instant, and, having come to Sydney, have readily found
employment at high wages in their several trades and callings.
They appear not to have suffered during the Quarantine, and pro-
mise to be a useful body of workmen."
The more immediate practical question raised by Dr. Thomson's
letter relates to his remuneration. He was to receive full pay from
the commencement to the end of his service, together with £80 for
his passage out and £100 for the passage home ; but, with respect to
the usual gratuity of £150, it was laid down that, as the duties had
been divided between him and Dr. Boyter, the gratuity should also
be divided between them in such proportions as the Governor might
settle. These terms are recorded in Sir George Grey's letter* to
Dr. Thomson, dated 7th of February, 1837, of which a Copy was
sent to the Governor for his information. But Dr. Thomson states
that he was unwilling to accept the appointment if he were to
receive less than the ordinary amount of gratuity, and that his
objection was met by Sir George Grey's proposing that he should
have the allowance of £100 for passage home, even though he might
prefer to remain in the Colony; and Dr. Thomson requests that
this agreement, of which it appears that the Governor has not yet
been notified, may be duly communicated to the Authorities in the
* Note 94.
GLENELG TO GIPPS. 441
Colony, so as to enable him to receive the advantage intended for 1838.
him. The apportionment of the original gratuity between Dr. 12 June.
Thomson and Dr. Boyter has not been reported.
I have been unable to find any written record of the precise
arrangement which Dr. Thomson describes; but whatever may be
confirmed by Sir George Grey to have been agreed upon, will doubt-
less be exactly fulfilled. The only remark I have to offer is that, Proposed
if consistent with the terms of that agreement, it would seem quite Ra3™,!ent to
equitable that the extra payments to Dr. Thomson should be lhomPson-
limited to the ordinary amount of £150 in all, including whatever
portion of the original gratuity may have been assigned to him
already by the Governor. I am, &c,
T. Fredk. Elliot.
[Sub-enclosure.]
Extract of a Letter from Dr. Boyter to T. F. Elliot, Esq.,
dated 14th May, 1838.
" With reference to Dr. Thompson's letter, I beg in the first place stowage of
to call your attention to an Official Report made by me as to the baggage
Quantity of Tonnage required for the reception of the People's ^^Barrii
Luggage. Dr. Thompson had charge of the Ship at Deptford, and
ought to have examined into all the necessary arrangements for
the comfort and accommodation of the Emigrants and their Lug-
gage, but as to that no attention had been paid, the Ship being
loaded to the very hatches with provisions and stores. The Emi-
grants were all mechanics, each requiring an additional chest for
the tools ; and I do not allow that a greater number of Chests were
embarked than the people were justly entitled to ; and, even had
this been the case, the Dr. himself wTas the first to shew a bad
example by encumbering the Hospital with household furniture;
the case is also very much exaggerated, as there happened to be
several spare berths, which were filled with Luggage, and greatly
lessened the encumbrance or evil complained of; it must, however,
be quite apparent that Dr. Thompson was deficient in common
energy in not sending the luggage below in the space of the water
and provisions consumed every day, which must have amounted at
least to nearly two tons daily. Letters were received by Govern-
ment from Dr. Thompson when the Ship touched at St. Jago, giving
a very satisfactory account of the health of the people, and no
complaint of any thing being wanting. During the time the Ship
was at Dundee, I neither received advice nor assistance from
Dr. Thompson in one way or other, and the people were forty
eight hours on board before they were taken charge of by Dr.
Thompson ; if therefore blame can be laid on any one, he himself
ought to have the largest share, being quite evident to myself and
others that he rather made his duty too easy. As to some of the Quality of
people being unworthy and ignorant of the business they took in emigrants
hand. I consider this mere assertion, as two thirds of them wore johViian-y.
known to me personally and every means taken on my part to
detect imposition from strangers. The Governor reports favorably
of them, the public prints of Sydney have declared them a credit
to their country, and the private letters I have received reckon
them a most valuable acquisition to the Colony. As to the pecuniary
arrangements made with Dr. Thompson, T know nothing; at the
same time 1 consider him fully entitled to the remuneration
granted to other Surgeons."
442
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
12 June.
Refusal of
salaries to
clergy after
schism in
Presbyterian
church.
Increase in
schism.
Recognition
of presbytery
as governing-
body of church.
Refusal of
Revd. J.D.Lang
and others
to recognise
presbytery.
Irregularity
in formation
of synod
by Revd.
J. D. Lang.
Sir George Gipps to Lord Glenelg.
(Despatch No. 85, per ship Spartan; acknowledged by
lord Glenelg. 7th November, 1S38.)
My Lord, Government House, 12th June, 1838.
By a Despatch from the late Acting Governor of this
Colony, dated the 17th Feby. last No. 24, Your Lordship was
informed of certain proceedings on the part of the Revd.
Dr. Lang and of other Presbyterian Clergymen recently arrived
in New South Wales, by which, in the opinion of the Acting
Governor and the Executive Council, these reverend gentlemen
had separated themselves from the Church of Scotland, and, in
consequence of which, the acting Governor with the advice of
the Council refused to make to them any pecuniary allowances
from the public funds.
The schism, thus created in the Presbyterian Church, has I
am sorry to say been increased ever since; and, though I have
used my utmost endeavors to mediate between the parties and
bring them to a reconcilement, I regret to say that my efforts
have been fruitless. The Presbytery of New South Wales has
always been recognized by the local Government as the governing
body of the Presbyterian Church in the Colony, all communica-
tions respecting the temporal affairs of that Church being re-
quired to pass through it; and, in the same way, the Presbytery
was recognised as the head of that Church, in a local Statute
passed in the last year (8th Willm. 4th, No. 7) "to regulate the
temporal affairs of Presbyterian Churches and Chapels, con-
nected with the Church of Scotland." But Dr. Lang and the
Reverend gentlemen, who act with him, have refused to join or
to obey the Presbytery, assigning as their reasons for so doing
that it has become notoriously corrupt, lax in its discipline, and
departed from the standard of the Church of Scotland ; in form-
ing themselves into a Synod, they have assumed authority over it
and over the whole Presbyterian Church in the Colony ; and thus
we have two bodies, each claiming a right to regulate the affairs
of the Presbyterian Church, and each joined by about an equal
number of the laity, as well in Sydney as in other parts of the
Territory.
Dr. Lang, I believe, admits that the formation of the Synod
was irregular inasmuch as, though the General Assembly of the
Church of Scotland has, by an Act passed in May, 1833, recog-
nized the righ* of its Ministers to form in the Colonies Presby-
teries and Synods, it requires that this shall be done by Min-
isters having fixed congregations, which of course none of the
newly arrived Ministers had or could have; but he has attempted
to justify himself and them by the urgent necessity of the case.
GIPPS TO GLENELG. 443
and by the example which, as he says, was set by the Church of 1S3S.
Scotland itself under similar circumstances in former days. His
arguments will be found in a letter addressed to myself, which is
marked AT, and is to be found at Page 33 in the accompanying
Appendix.
Finding my long continued endeavours to bring these dissen-
tions to an amicable issue to be of no avail, I informed all the
parties that I should submit the whole case to Your Lordship;
but, before I did this, I thought it right to take the opinion of Reference of
the Executive Council a second time upon it. The Minute of executive
Council made on this occasion, of which a Copy forms ISTo. 1 counciL
of the accompanying Appendix, will, in conjunction with what
I have here stated, suffice I think to put your Lordship in pos-
session of the merits of the case*; but I nevertheless transmit in
the Appendix Copies of all the documents, laid before the Coun-
cil, in the order in which they have been entered by the Clerk on
the proceedings of that Body.
Your Lordship will observe that the chief difficulty in dealing Difficulty
with this schism arises from the circumstance of both parties fc^l^ by
claiming to represent the Church of Scotland. If Dr. Lang and
his adherents acknowledged themselves to be seceders from that
Church, they might be recognised and paid as such, under the
Local Church Act of 1836 (7th Willm. 4, No. 3) ; but, as they
refuse to do this, questions, which concern the doctrine and
discipline of that Church, are to be decided as well as those
which relate to the payment of salaries to its Ministers.
I have further to report that Dr. Lang has requested my per- Leave of
mission to proceed once more to England, and, although I am granted
aware that your Lordship does not approve of. such frequent to Revd.
absence from the Colony of any Clergyman receiving a salary
from Government, I have not thought it right to refuse his
request, as I cannot but feel that his presence in the Colony,
during the long period which must elapse before your Lordship's
decision on his case can be received, will tend to augment rather
than to diminish our difficulties. I have, &c,
Geo. Gipps.
[Enclosures.]
[These voluminous papers will be found in a volume in series
VII.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 86, per ship Spartan.)
My Lord, Government House, 12th June, 1838.
With reference to my Despatch of this day's date, No. 85,
on the subject of the dissentions which have broken out in the
* Note GO.
444
HISTORICAL RECORDS OF AUSTRALIA.
1838.
1j! June.
Transmission
of letter
from Revd.
J. McGarvie.
Acknowledg-
ment of
promise of
assistance to
Presbyterian
church.
Secession of
Revd. J. D. Lang
and others from
presbytery.
Request for
c-aution in
acceptance of
statements.
Presbyterian Church of this Colony, I have the honor to trans-
mit herewith a letter, which has been addressed to your Lord-
ship by the Revd. J. McGarvie, Moderator of the Presbytery of
New South Wales. I have, &c,
Geo. Gipps.
[Enclosure.]
Kevd. J. McGarvie to Lord Glexelg.
Sydney, New S. Wales.
May it Please Your Lordship. 9th June, 1838.
I had the honor, as Moderator of the Presbytery of Xew
South Wales, to receive from His Excellency Sir George Gipps
Your Lordship's Reply, dated 13th December, 1837, to the Presby-
tery's address of 27th July, 1S37, and, on their behalf, I beg to
express our high sense of the gracious sentiments of that reply, and
of the terms in -which they are conveyed. Your Lordship's wise
and liberal measures have given satisfaction to the members of our
Communion; and it will be the duty and the interest of the Min-
isters and Elders connected therewith to pursue those measures,
which shall, to the best of their ability, promise the moral and
religious well-being of those whom divine Providence has placed
under their charge. Your Lordship's liberal and just concessions
will be highly instrumental in the establishment of our national
Church, and they lead us to anticipate such attentions to our future
respectful representations, as may be consistent with Your Lord-
ship's Sense of public duty.
It is with much concern we have at the same time to state that
your Lordship's gracious intentions in granting outfit to the Min-
isters from the North of Ireland, who left Scotland in July last,
have not been realised. Without any well grounded cause, eight
days after arrival and without communication with the Established
and recognised Ecclesiastical authorities, they, along with the
Reverend Doctor Lang, Seceded from our Communion. We rely
with confidence on Your Lordship's sense of Justice that such Schis-
matical courses, causing the worst feelings in a heretofore united
community, will not meet with encouragement ; and that no inter-
pretation, put upon our actions or our motives by the said Parties.
who have constituted themselves a Synod, without Churches, Con-
gregations, Elders, Presbyteries, or appointments, and whether made
to your Lordship in personal conference or by communication in
writing, will be accepted as expressing our sentiments. We are
apprehensive such statements may be made to your Lordship, as
will be prejudicial to our interests. His Excellency the Governor and
Council having resolved to abide by your Lordship's instructions
on the subject: and the Reverend Doc-tor Lang being on the Eve
of departure from the Colony, being the fifth time he has visited
England since his arrival in 1823, during which period he has been
five years and six months absent from the Colony and from his
Church, his Brethren being called on to discharge his clerical duty
in addition to their own.
Eor these reasons, we humbly take the liberty to assure your Lord-
ship that we feel we can be answerable only for those Statements
GLENELG TO GIPPS. 445
that may be made by our Moderator in our name, and on our be- 183S.
half ; and every information relating to tbe condition of our 12 June-
Churches and people, we shall feel it our bounden duty to furnish
to your Lordship, When required.
On behalf of the Presbytery. I have, &c,
John McGarvie, Moderator.
Lord Glenelg to Sir George Gipps.
(Despatch No. 120, per ship Maitland.)
Sir, Downing' Street, 13 June, 1838. 13 June.
I have received Sir Richd. Bourke's Despatch No. 113 of Memorial of
the 16th Novr. last, enclosing a Memorial from Colonel Morisset, aciaiowieovld.
formerly Commandant at Norfolk Island, praying for the Con-
firmation of a Grant of Land formerly reserved for him, but re-
sumed by the Local Government in the year 1830 under the in-
structions of the Secretary of State in consequence of his being
returned on the Garrison Staff as holding a Military Appoint-
ment. The regulation excluding Military Officers from Grants Criticism of
of Land appears to have been imposed in order that such Officers aPPhcatlon*
might not be tempted to neglect their proper duties by the attrac-
tion of Agricultural pursuits. The reason applied to the Com-
mandant of Norfolk Island quite as distinctly as to any other
Officer; besides which, it may be added that, while at the dis-
tant settlement of Norfolk Island, he could not under any cir-
cumstances be considered as eligible to receive a Grant of Land
in New South Wales and perform the duties of a Settler. He,
therefore, was not an admissible Candidate until the year 1834,
that is, three years after the system of free Grants had been
discontinued.
You will, therefore, acquaint Colonel Morisset that I regret my Refusal of
inability to comply with the prayer of his Memorial.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 121, per ship Maitland.)
Sir, Downing Street, 13 June, 1838.
I have received Colonel Snodgrass' Dispatch No. 114 of Memorial of
the 17th November last, enclosing an application from Mr. Felton actaowledgcd.
Mathew for a Grant of Land, as a Marriage portion to the Lady
to whom he was married in the Year 1832. He grounds his
claim on a Regulation under which Land was formerly granted Claim tor
as Portions to some Ladies on their Marriage, and states that ^mSSge
"it is evident Mrs. Mathew left England in the expectation of portion.
446
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
13 June.
Claim for
land grant
US marriage
portion.
Refusal of
land grant.
Memorial of
T. Jeffrey
acknowledged.
Refusal of
land grant.
receiving the same Grant which had been bestowed on others
in similar Cases."
Mrs. Mathew, however, whatever may have been the expecta-
tion with which she left this Country, has clearly mistaken the
case. The rule to which she refers was established on the re-
commendation contained in Sir Ralph Darling's Dispatch of the
4th Sept., 1828. The Grants were confined to the Cases of
Daughters of Settlers, " men of respectability, whose conduct
gave them a claim to the support of Government," and the fur-
ther ground of the recommendation was that there were several
large families of Daughters in the Colony, who, from their cir-
cumstances, were not in a condition to form matrimonial con-
nections. To this extent, the arrangement was sanctioned by
H.M. Govt, but never was intended to include the cases of Ladies
who were, like Mrs. Mathew, Strangers to the Colony.
Under these circumstances, it is not in my power to admit the
claim preferred by Mr. Felton Mathew. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 122, per ship Maitland.)
Sir, Downing Street, 13 June, 1838.
I have received Sir Richd. Bourke's Dispatch No. 117 of
the 20th of November last, with the Memorial therein enclosed
from Mr. T. Jeffrey, Landing Waiter at Sydney, praying for a
Grant of Land. Mr. Jeffrey represents that it was under the
impression that he should receive a Grant that he was led to
seek employment in New South Wales ; and that it was not until
his arrival that he discovered that he was precluded by his ap-
pointment from becoming a Grantee. It is to be regretted that
Mr. Jeffrey formed so erroneous an impression, and that he did
not more accurately inform himself on the subject; but I cannot
admit, on that account, his claim to a Grant in violation of the
General Regulations.
You will, therefore, acquaint Mr. Jeffrey that I regret my in-
ability to comply with the prayer of his Memorial.
I have, &c,
Glenelg.
14 June.
Despatch
acknowledged.
Lord Glexelg to Sir George Gipps.
(Despatch No. 123, per ship Maitland.)
Sir, Downing Street, 14 June, 1838.
I have received Colonel Snodgrass' Despatch No. 8 of the
8th of January last, enclosing certain opinions given by the
Law Officers of your Government on the question of the validity
GLENELG TO GIPPS. 447
of Grants of Land, issued by the Governor in the name of King 1S38.
William the Fourth during the interval between the decease of ' '
His late Majesty and the receipt of Intelligence of that event in ^bepaSed11
the Colony ; And I have received the Queen's Commands to re validity of
acquaint you that Her Majesty is graciously pleased to approve
of a Declaratory Act to be passed by the Local Legislature Con-
firmatory of such Titles. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 124, per ship Maitland.)
Sir, Downing Street, 14 June, 1838.
I have received Colonel Snodgrass' Dispatch No. 12 of the Despatch
12th of January last, relative to the claims of certain Proprietors ack»owledst<L
of Stock at Port Philip, which were brought under the notice of
Her Majesty's Government in two Petitions received from Mr.
Mackillop ; and I have to acquaint you that I fully concur in Approval of
the decision of Sir R. Bourke conveyed to the Parties interested sirELBourke.
by the Colonial Secretary's Letter of the 2nd January, 1837.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 125, per ship Maitland.)
Sir, Downing Street, 14 June, 1838.
I have received Colonel Snodgrass' Dispatch No. 11 of Memorial of
the 11th January last, enclosing a Memorial from Mr. Reuben acknowledged.
Uther praying for a Grant of Land which was refused to him
during the Government of Lt. General Darling.
You will have the goodness to acquaint the Memorialist that Confirmation
it is impossible for me to reverse the decision in this case formed dldskm re
by the local Government so long ago as the Year 1827, the jus- land srant-
tice of which decision has never since been questioned, and the
grounds of which are known to me only from the very vague
and General allusions to them contained in the accompanying
Memorial and its Enclosures. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 126, per ship Maitland.)
Sir, Downing Street, 16 June, 1838. 16 June.
I have received Sir Richd. Bourke's Dispatch jSTo. 102 of Despatch
the 22d October last, transmitting the Duplicate of a Letter ;lckn°wle^d-
;i<ldressed to me by the Colonial Treasurer of New South Wales,
and dated the 18th of Octr., in which that Officer prefers a claim
448
HISTORICAL RECORDS OF AUSTRALIA.
183S.
1G June.
Refusal to
increase
salary of
C. D. Riddell.
19 June.
Despatch
acknowledged.
Proposed
allowance
for visiting
magistrate
at female
factory.
Proposed
employment
of T. Bell.
to an increase of Salary on the ground of his being required to
perforin the duties of Collector of Internal Revenue in addition
to those of Treasurer.
I beg you will acquaint Mr. Riddell that, having attentively
considered the statement contained in his letter together with the
remarks offered by Sir Richard Bourke thereon, I regret that it
is not in my power to recommend to the Lords of the Treasury an
Increase of his Salary. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 12S, per ship Maitland.)
Sir, Downing Street, 19 June, 1838.
I have received Sir Richd. Bourke's Dispatch No. Ill of
the 7th of November last.
I have recommended to the Lords Commissioners of the Trea-
sury to sanction the extra Allowance of £100 per Annum granted
to the Police Magistrate at Parramatta for performing the duties
of visiting Magistrate at the Female Factory; but I am not yet
able to announce to you their decision. Adverting to the favor-
able testimony borne by the late Governor to Mr. and Mrs. Bell,
whose Appointments in the Factory will have been superseded by
the selection of Officers made in this Country, I am desirous of
recommending them to you for suitable employment in any
Situation in which you may be able to avail yourself of their
Services, and for which you consider them qualified.
I have, &c,
Glenelg.
20 June
Report
received re
emigrant ship
Bussorah
Merchant.
Lord Glenelg to Sir George Gipps.
( Despatch No. 129, per ship Maitland. )
Sir, Downing Street, 20 June, 1838.
A report having been received from the Lt. Governor
of Van Diemen's Land of the Arrival in that Colony of the Emi-
grant Ship " Bussorah Merchant," from which it appeared that
an unusual number of Deaths had occurred during the Voyage,
occasioned chiefly by the prevalence of Small Pox and Measles,
I referred Sir J. Franklin's Dispatch to the Agent General for
Emigration, and I now transmit a copy of his Report for your
information. It is to be hoped that the measures, which he has
adopted, will tend to mitigate such Calamities, altho' I fear it
will be impossible by any precaution to avert them altogether.
I have, &c,
Glenelg.
GLENELG TO GIPPS. 449
[Enclosure.] 1838.
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, 2 Middle Scotland Yard, 7th June. 1838.
I have the honor to acknowledge the reciept of your letter,
dated the 30th Ulto., accompanied by Sir John Franklin's report
of the Arrival of the " Bussorah Merchant " in Van Dieinen's Land.
I am sorry to see that this Ship has been visited by two such outbreak of
scourges as the Small-pox and Measles, and that they have proved small-pox and
fatal to so many children under 5 years of age, although it is some ^p Iwraft
consolation to perceive that, notwithstanding the prevalence of Merchant.
those two formidable Epidemics, only three Children have died
above the age I have just mentioned, and not more than four
Adults. This remarkable feature seems to confirm the view I have
so often lately had occasion to express against the admission of
large numbers of Children of the youngest Class.
I find that, in 1837, the proportion of Children under Seven Proportion
Years of age to the whole number of Emigrants sent out was oi children
33i to 100; and, up to the present time in 1838, owing perhaps to emigrants,
the earnest exhortations which I had addressed to the selecting
Officers, the proportion has been reduced to 29 to 100. I shall
henceforward have an additional check on the subject, by means
of some Returns which I am bringing into use, that will enable me
to see from week to week, during the process of selection, how
many people are taken in each of the principal classes of age into
which they are divided. And, if it proves necessary, I shall be Proposed
prepared, when the existing form of Instructions to surgeons comes reduction of
under revision, to introduce a clause making it an imperative rule piopor lon-
that, whenever the number of Children under seven becomes equal
to 25, or perhaps even to 20, in the hundred passengers, the select-
ing Officer shall on no pretence whatever accept any families of a
description which would increase that proportion. Without some
such definite law. it may perhaps be doubted whether any more
general recommendation will be sufficiently effective.
One point, to which attention may be excited by the nature of Hospital
the present intelligence, is the extent of the hospital accommoda- accommodation
tion on board of the Emigrant vessels. It is obvious that no pos- ^^lgran
sible arrangements could provide for the separation of the Sick on
board of Ship, when such maladies as the small-pox and measles
rage as they have done in the Bussorah Merchant. It may be satis-
factory, however, to Lord Glenelg to know that the Hospitals in
Vessels sent by Government are roomy, and placed in the very
best part of the Ship, under the stern windows, being the situation
of the most expensive cabins that could be hired in private Vessels.
on board of which, moreover, the great demand for space precludes
the allotment of any separate hospitals at all to sick Emigrants.
Another point, which it may be right to notice on the present Problem of
occasion, is the subject of vaccination. It is a standing order that vaccination
no Surgeon shall sail without a provision of Vaccine matter, and. emigrants.
in the case of Vessels going from England and Ireland, I am in the
habit of sending them the supply myself. The custom, I have
understood, in the Convict service is to make use of this supply at
the first convenient opportunity after going to sea. on such subjects
as are found to require the operation. Rut. adverting to the Re-
ports received from the Bussorah Merchant, and considering the
much greater number of Cbildren in Emigrant Sbips. as well as
the circumstance of their not being under any regular system or
See. 1. Vol. XIX— 2 F
450 HISTORICAL RECORDS OF AUSTRALIA.
1S38. surveillance before embarkation, as is the case with Convicts, I
20 June. have conferred with the Physician General of the Navy on the
Problem of practicability of introducing a more stringent rule into our service.
vaccination and I am now about to issue an instruction by which the surgeon
of emigrants. will be required to see by personal inspection, at the moment of
selecting his people, whether they have been vaccinated or not. and,
if not, either to perform the operation at once or else decline
taking them.
To enforce this direction, the weekly Returns, to which I have
above alluded for another purpose, will exhibit how many of the
persons selected had been vaccinated before inspection, and how
many since. I have, &c,
T. Fredk. Elliot.
Lord Glenelg to Sir George Gipps.
(Despatch No. 130, per ship Miaitland.)
Sir, Downing Street, 20 June, 1838.
Refusal to I have received Sir Richard Bourke's Dispatch No. 101
in^asfof °^ tne 21st October last, enclosing a Memorial from Mr. Bowen
g. M. c. Bowen. relative to certain differences which had arisen between him and
the Ecclesiastical Authorities in Xew South Wales; and I have
to request that you will acquaint Mr. Bowen that I must decline
all interference whatever on a subject so entirely foreign to the
proper duties and beyond the competency of Her Majesty's Execu-
tive Government. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 131, per ship Maitland; acknowledged by
Sir George Gipps, 22nd June, 1839.)
Sir, Downing Street, 20 June, 1838.
Transmission I transmit to you a copy of a letter from Mr. Henry
H.N?Jever™ Norton Jevers making enquiry respecting the fate of Elinor
Dwyer, who emigrated to New South Wales in the year 1835 in
the ship " James Pattison."
I have to request that you will cause enquiry to be made as to
the fate of this person, and that you will transmit to me any in-
formation which you may be able to furnish on the subject.
I have, &c,
Glenelg.
[Enclosure.]
Mr. H. N. Jevers to Lord Glenelg.
Jeverstown, Sixmilebridge,
My Lord, Ireland, 15th June, 1838.
inquiry I do myself the honor to address you and beg leave to solicit
re fate of your Lordship's attention to the following matter. On the 3d of
e. Dwyer. November, 1835. Elinor Dwyer, daughter of Michael Dwyer, a
respectable Tenant on this Estate, obtained her free passage and
GLENELG TO GIPPS. 451
sailed from Cork in the "James Pattison " for New South Wales. 91838-
where she arrived safe after a favorable voyage of three months 20 June-
and six days, and, by a Letter now before me, the only one written Inquiry
by her to her Father and dated New South Wales, 15th March, re fate of
L836, she was then in the service of Mrs. Roberts, wife of Mr. E. Dwyer.
Thomas Roberts, Elizabeth Street, Sydney, at twelve pounds a year
wages. Qatherine Diggins. another Girl from this neighbourhood,
who went out in the same -Vessel, lately wrote from Madras to her
friends here, saying she, Diggins. had married a soldier of the
4th Regiment in New South Wales, and had gone to India with the
husband, and that Elinor Dwyer had died in Hospital in Sydney
without saying when. Now there are some circumstances, unneces-
sary to detail, that leave an impression on Michael Dwyer's mind
that this account given by Diggins is the effect of malice, and I
shall feel exceedingly indebted to your Lordship if you will please
to direct the fact of Elinor Dwyer's life or death to be ascertained,
■or to put me in the proper train to find it out.
I have, &c,
Henry Norton Jevers.
of letter from
treasury.
Lord Glenelg to Sir George Gipps.
(Despatch No. 132, per ship Maitland.)
Sir, Downing Street, 20 June, 1838.
With reference to my Dispatch of the 29th of May last Transmission
Nfo. 113, I transmit to you, herewith, for your information and
guidance a copy of a further Communication, which has been
addressed to this Department by direction of the Lords Commis-
sioners of the Treasury respecting the Salary to be assigned to
the Sub-Collector at Port Philip. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 16th June, 1838.
The Lords Commissioners of Her Majesty's Treasury having Salary for
received a further report from the Commers. of Customs in respect sub-collector
to the Salary to be assigned to the Sub-Collector at Port Phillip in Po^Phmip.
New South Wales, I am commanded by their Lordships to transmit
to you the enclosed Extract of the Report in question in order that
it may be submitted for the information of Lord Glenelg with fur-
ther reference to the communication made to you on the 21st Ulto.
relating to the establishment at Port Phillip; and I am at the same
time to request that you will state to his Lordship that My Lords
have approved of the arrangement therein proposed, in regard to
Mr. Webb's emoluments, and that you will move Lord Glenelg to
convey such directions to the Governor of New South Wales, as
may lie requisite for carrying the same into effect.
I am, &c,
A. Y. Spearman.
452
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 June.
Salary for
sub-collector
of customs at
Port Phillip.
[Sub-enclosure.]
Extract from a Report, dated 29th May, 1838.
In obedience to Your Lordship's commands.
We report.
That, having again had this subject under our consideration.
We beg leave to submit our opinion that the Sub-Collector at Port
Phillip should be paid at the rate of £300 per annum as proposed in
our Report of the 12th of April last. No. 548, in consideration of the
duties which will devolve upon him as the Principal Officer of this
revenue at that Station, and that he should be granted an extra
allowance at the rate of £"0 per annum as a remuneration for his
services as Sub-Treasurer at Port Phillip, until such time as we
shall have been enabled to ascertain the nature and extent of the
duties, which will devolve upon him in that capacity ; and, should
Your Lordships be pleased to approve of the foregoing proposition,
we will direct the Collector and Controller at Sydney to make a
special Report to that effect at the expiration of two years, when
we will again bring the subject under the consideration of your
Lordships. We beg leave to add that, with your Lordship's sanc-
tion, we propose issuing instructions to the Sub-Collector at Port
Phillip to pay the most implicit obedience to such directions as he
may from time to time receive from the Colonial Government for his
guidance in his capacity of Sub-Treasurer at that place.
R. B. Deane. E. Stewart.
W. Richmond. S. Ltjshington.
Custom House, 29th May, 1838.
Refusal of
gratuity to
A. Murray
on reduction.
Appointments
offered to
A. Murray.
Sir George Gipps to Lord Glexelg.
(Despatch No. 89, per ship Spartan; acknowledged by
lord Glenelg, 5th November. 1838.)
My Lord, Government House, 20th June, 1838.
In compliance with the request expressed by the Execu-
tive Council of this Colony in the Minute, which I have now the
honor to enclose, I beg" to draw your Lordship's attention to the
case of Mr. Andrew Murray, who was refused a gratuity of two
years' pay on the abolition in the year 1835 of an office which he
had held in the Convict Establishment called " Carters' Bar-
racks " at Sydney.
As Mr. Murray's employment at Carters' Barracks was one
which required him to be in charge of prisoners, I cannot con-
sider that he was harshly dealt by in being offered his choice
of two situations of a similar nature, one at Norfolk Island at
an increased Salary, and the other on the very spot (Carters' Bar-
racks) where he had been before employed; and, though this
latter employment was only of a temporary nature, there is I
think good reason to suppose that, if he had accepted it, his claim
to an equivalent situation would have been recognised by Sir
Richard Bourke in the event of his being again displaced.
GTPPS TO GLENELG. 453
I therefore hope I may be permitted to repeat that I forward 1838.
this application to your Lordship simply on account of the - une'
Minute of the Executive Council, made during the temporary Manumission
administration of Colonel Snodgrass, and not in consequence of of minute.
any opinion that I myself entertain of Mr. Murray's having been
harshly treated. I have, &c,
Geo. Gipps.
[Enclosure.]
Summary Extract No. 2 from Minute of Council, No. 38/11, Minute of
dated 10th February, 1838. IZ^nre
Mr. Andrew Murray's Application for a re-consideration of Sir refusal of
Richard Bourke's decision, refusing him the Gratuity usually J1 a^ruu11t;vay0
allowed on the reduction of an Establishment, on the ground 0ii reduction,
of his having declined acceptance of an offered Appointment
at Norfolk Island.
His Excellency the Acting Governor laid before the Council a Me-
morial from Mr. Andrew Murray, late Superintendent of Carter's
Barracks and Gaoler of the Debtors' Prison, representing that he
had emigrated to this Colony in the year 1817, and had been in the
Service of the Government for the period of fourteen years from
December, 1821, to the end of the year 1835 ; that, in November,
1827, he had been appointed Superintendent of the Carters' Bar-
racks with the pay of seven shillings per diem, which, in January,
1831, was increased to One hundred and fifty pounds per annum, at
which rate it continued, until the final breaking up of the Estab-
lishment at the end of the year 1835; some time previous to which,
Sir Richard Bourke had been pleased to offer to him the appoint-
ment of Superintendent of Agriculture at the Penal Settlement of
Norfolk Island, with a Salary of Two hundred a year, which Ap-
pointment he had declined for reasons undermentioned ; and subse-
quently, permission was offered to him to continue in charge of the
Debtors' prison, until the removal of its Inmates to the New Gaol in
course of erection for them, with the charge also of the House of
Correction, with a salary of One hundred and fifty pounds per
annum for the united duties, which Appointment he had likewise
declined ; the situation at Norfolk Island he had refused as being
inconvenient and unsuitable, under the circumstances of his family,
consisting of daughters, whose education could not be carried on
there, and he must leave them in Sydney at an expence more than
equal to the difference of Salary; and the latter appointment he
had refused, both because of his being required to reside within the
Walls of the Prison, in continual hearing of the profane and other-
Avise improper language in common use among the Prisoners, and to
quit the much more eligible quarters in its vicinity, which he had for
so many years occupied, and because of the permanence of the
Appointment being only temporary.
Under these circumstances, he had requested the Governor's per-
mission to retire from the Service with the Allowance of the
Gratuity of two years' salary, usually Granted upon the reduction
Of an Establishment to Officers of ten years' service and upwards,
such as himself, which request was refused by Sir Richard Bourke
on the ground of his having declined accepting the situation at
Norfolk Island offered to him, and also the other Appointment above
inent ioned.
454
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 June.
Minute of
executive
council r,
refusal of
gratuity to
A. Murraj
on reduction.
Mr. Murray solicits a reconsideration of Sir Richard Bourke's
decision, and that the Gratuity above stated may yet be granted to
him. His Memorial is accompanied by several letters in support
of it, and a List of precedents in cases of Gratuities which have
been allowed.
The Council are of opinion that Mr. Murray must bo considered
as having made his election, subject to the general Regulations of
the Service, of the course which he deemed it best to pursue for the
advantage and comfort of himself and his family; and that Sir
Richard Bourke, having offered to Mr. Murray a higher salaried
Colonial Appointment than the one then held by him. which he
declined, would not have been authorised according to the strict
letter of the Regulations in granting to him the usual gratuity of
two years' salary, as a compensation for the loss of Office.
The Council do not think themselves at liberty to recommend the
reversal of the decision of Sir Richard Bourke. by stating it to be
their opinion that Appointments in the Penal Settlements are not
within the meaning and intent of the Regulation fixing the terms
of compensation for loss of office. At the same time, they cannot
but regret that no opportunity should have occurred of proposing
an employment of a different description to an Individual, whose
family circumstances were such as Mr. Murray represents his to
have been ; and they can not but consider it as a fair subject for
doubt whether in establishing that Regulation which applies to
Cases like the present, the British Government could have intended
that Individuals deprived of Office, not only without imputation of
blame, but (as in the present instance) with the highest testimonials
of character and ability, should be reduced to the hard alternative
of transferring themselves and their families to a Station alto-
gether unsuited for them, or of forfeiting all compensation for
their past sendees.
The Council therefore recommended that it be referred to the
Secretary of State to determine whether the acceptance of Situa-
tions in the Penal Settlements is to be considered obligatory upon
Officers of the Civil Service whose Appointments within the Colony
itself are abolished.
Whatever may be His Lordship's decision upon this question in
general, they beg to recommend Mr. Murray to favourable con-
sideration, to which they deem him entitled on account of his Ser-
vices in the various Public Situations he has been placed in.
Wm. Macpherson,
Clerk of Councils.
21 June.
Proposal for
government
steam vessel.
Lord Glexelg to Sir George Gipps.
(Despatch No. 133. per ship Maitland ; acknowledged by
Sir George Gipps, 3rd May. 1839.)
Sir, Downing Street, 21 June, 1838.
With reference to my Dispatch No. 107 of the 15th of
May last relative to the employment of a Steam Vessel in lieu
of the present Colonial Vessels in New South Wales, I transmit
to you herewith, for your information and guidance, a copy of a
letter from the Secretary to the Board of Treasury, stating that
GLENELG TO GIPPS. 455
it appears from the Eeport of the Comptroller of Steam Ma- 9* j^;e
cliinery that the first expence of building' and fitting out a Steam " — - '
Vessel for the purpose in question had been under-rated in the estimate for
Estimate forwarded in Sir Richard Bourke's Dispatch of the first cost of
„ _ _ . 0 steam vessel.
15th of June, 1837. 1 have, &c,
Glenelg
[ Enclosure. 1
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers. 7th June, 1838.
Iu transmitting Copies of a Letter from the Secretary of the
Admiralty, dated 23d Ulto.. and of its enclosures, respecting the
construction of a Vessel of 200 Horse Power to be employed as a
Steamer by the Government of New South Wales. I have it in com-
mand from the Lords Commissioners of Her Majesty's Treasury
to request you will state to Lord Glenelg. with further reference
to my Letter of the 14th Ulto.. that it appears from the report of
the Comptroller of Steam Machinery that the first expense of
building and fitting out a Steam Vessel for the purpose in question
had been under-rated in the Estimate, forwarded in the despatch
of Sir R. Bourke of the loth of June Inst, and on which his pro-
position had been founded. I am, &c,
A. Y. Spearman.
[Sub-enclosure Xo. 1.]
Sir John Barrow to Mr. F. Baring, M.P.
Sir. Admiralty, 23d May, 1838.
Having laid before My Lords Commissioners of the Admiralty
Mr. Spearman's letter of the 18th Inst., together with its enclosure,
upon the subject of the employment of a Government Steam Vessel
for the service of the Colony of New South Wales, and requesting
to be informed of their Lordships' opinion for the information of
The Lords of the Treasury, as to the size of the vessel to be pro-
vided, and as to where it would be best that she should be built.
I am commanded to transmit to you herewith for their Lordships'
information, a Copy of the Report from the Comptroller of Steam
Machinery to whom the subject has been referred.
I am, &c,
J. Barrow.
[Sub-enclosure No. 2.]
Eeport.
A proper Vessel, to substitute for the wretched ones now employed Size and
by the Government in New South Wales, would in mv opinion be a power of
well-built Steamer of 200 horses power, and not drawing more mSS**1
than 9 feet 6 inches, or 10 ft. water. A smaller power than this
would not perform the service efficiently, considering the heavy seas
which occur off the Coast of New Holland, and the expediency of
occasionally sending her to Norfolk Island and Hobart Town, or to
the New Colony in South Australia.
She should of course be so constructed as to carry as much
con Is as possible, and 1km- accommodations so arranged as to give
the greatest possible facility for the conveyance of Troops.
456
HISTORICAL RECORDS OF AUSTRALIA.
1838.
21 June.
Estimate of
cost of vessel.
Considering the difficulty alluded to by Mr. Nicholson of obtain-
ing a sufficient supply of well-seasoned Timber, I should certainly
recommend that a Vessel be built in England, and sailed out so as
to be able to carry her duplicate gear and other Stores.
Mr. Edge states the rate per Ton for a well-built Steam Vessel,
complete for sea with fastenings of copper, sheathing the bottom,
etc., to be from £22 10s. to £24. and the expence of a pair of
engines of 160 horses power would be about £9,000 fixed on board;
for a i tair of 200 horses power about £11,000.
C. W. Edwd. Parry.
A chance to
colonial agent
for emigration
service.
Lord Glenelg to Sir George Gipps.
(Despatch No. 134. per ship Maitlaud ; acknowledged by
Sir George Gipps, 23rd February, 1839.)
Sir, Downing Street, 21 June, 1838.
With reference to my Dispatch No. 117 of the 8th Inst.,
I have the honor to transmit to you the Copy of a letter from the
Secretary to the Board of Treasury, stating that their Lordships
have issued to Mr. Barnard the Sum of Ten Thousand Pounds for
Emigration Service on account of your Government.
You will cause the said amount to be paid over without delay
from the Colonial Funds to the Military Chest in New South
Wales. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 15th June. 1838.
With further reference to the subject of my communication
to you of the 5th Instant, relating to an advance of £5.000 to Mr.
Barnard, the Agent General for New South Wales, for the purposes
of Emigration to that Colony, I am commanded by the Lords Com-
missioners of Her Majesty's Treasury to request you will state to
Lord Glenelg that their Lordships have authorized another issue
of £10,000 to be made to the Agent General for New South Wales
on account of Emigration Expenditure; and I am to desire that you
will move Lord Glenelg to convey the requisite directions to the
Governor of that Colony in regard to the repayment of the above
Sum to the Military Chest on the Station. I am. &c,
Glenelg.
Transmission
of letter from
J. S. Nind.
Sir George Gipps to Lord Glenelg.
(Despatch No. 91. per ship Spartan; acknowledged by
lord Glenelg, 20th October, 1838.)
My Lord, Government House, 21st June, 3838
With reference to my Despatch No. 77 of the 16th Ma
1838, on the subject of a claim to a grant of land, which has
been preferred by Mr. Isaac Scott Nind, I have the honor to
forward a letter which I have subsequently received from that
,
GIPPS TO GLENELG. . 457
gentleman; but, as in it Mr. Xind admits that he has " no claim/' 1838.
but only hopes that indulgence will be extended to him by a
liberal Government, I do not feel it necessary to add anything
to what I have already stated as my opinion of his case.
I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. I. S. Nind to Sir George Gipps.
Paterson, 29th May. 1S38.
May it please Your Excellency,
1 had the honor to receive Your Excellency's communication Application by
of the 21st Inst. £& ^tfor
It is certainly true that, on a former occasion. I did apply to
His Majesty's Secretary of State for a Grant of Land, and that
he was pleased to refuse it on the ground of Lapse of Time. But,
as my Second application was founded on different circumstances,
I had hoped to meet a different result.
My first plea was that I had lost my Grant in consequence of
•entering the Government Service, and being detained at King
George's Sound, whereas my Second claim rests on the Verbal and
understood promise of His Excellency General Darling, and also
that I had had the necessary Capital, Both of which important cir-
cumstances were before omitted.
Your Excellency will perhaps understand the Case better by a
recapitulation of the facts.
I left England in 1S2S, intending to devote my attention to
Agriculture.
To enable me to do so, my Friends agreed to furnish me with
1,000£, viz., 200£ paid down, and an additional 800£ for which I
was to draw upon them as I required it.
That, on my arrival in the Colony, I was informed that, by enter-
ing the Government Service, I should Secure a more Eligible Grant.
That, when I accepted an appointment as Colonial Assistant Sur-
geon, I mentioned this circumstance as my reason for not taking
my Grant at that time, when His Excellency Genl. Darling was
pleased to say That my Interests should be attended to.
Being perfectly satisfied with this, I proceeded to King George's
Sound.
When I had been there about One year, finding the Situation
exceedingly disagreeable, I tendered my resignation* thro' the Com-
mandant.
Twelve Months having elapsed, and not receiving an answer,
and being extremely anxious to commence Agricultural pursuits,
and there being a report That new regulations were expected as
to obtaining Grants, I again applied for my Discharge.
To this, Several Months afterwards I received a verbal answer
from the Commandant. That it was not at that time convenient to
relieve me.
In consequence I remained till the latter part of 1829, when ill
health compelled me to leave.
On arriving in Sydney, I received letters from England of press-
ing importance, and. as I found that taking my Grant would occa-
sion great delay, I proceeded immediately to England.
* Note 95.
458
HISTORICAL RECORDS OF AUSTRALIA.
1838.
21 June.
Application by
I. S. Nind for
land grant.
On my return to the Colony, I made my Application to His Excel-
lency Genl. Sir Rd. Bourke, who informed me that, from the delay,
it was not in his power to give me a Grant, but recommending an
application to the Secretary of State.
I made application accordingly, and was refused on the same plea,
Lapse of Time.
At this time however it was understood in the Colony That no
more Grants would be given under any circumstances.
Finding Subsequently however that the promises made to Emi-
grants of 1826 and 1827 were to be fulfilled by additional Grants,
and conceiving therefore that one great obstacle to my success was
removed, I made my Second application on the grounds
First, of General Darling's promise;
Secondly, on my Capital of 1,000£ and also of about 400£
of pay, which had accumulated in the Treasury. My proof of the
first sum however would be deficient from the Death of my Agent
and a relative.
I am sorry that Your Excellency should have adopted the Opinion
that my Second application was merely a repetition of my first, As,.
from the Tenor of the Rt. Honble. Secretary of State's Letter. I had
hopes that my Case would be enquired into, and, Altho' I admit I
have no claim, I had conceived hopes that, under the peculiar cir-
cumstances of the case, Indulgence would have been extended to
me by a Liberal Government.
I have enclosed a Copy of this Letter should Your Excellency be
pleased to forward one to the Honble. Secretary of State, and re-
gretting exceedingly the trouble I have occasioned you,
I am, &c,
Isaac Scott Nind.
22 June.
Despatch
acknowledged.
General rules
for promotion
of officials.
Lord Glenelg to Sir George Gipps.
(Despatch No. 135, per ship Earl Grey.)
Sir, Downing Street, 22nd June, 1838.
I have received your Predecessor's despatch, No. 112 of the
15th of November last, with the correspondence therein enclosed,
which had passed between the Colonial Secretary and Mr. Riddell
relative to the appointment of Clerks to the Office of the Colonial
Treasurer.
It is quite impossible that I should undertake at this distance
from the Colony to form any opinion as to the comparative
qualifications of Candidates for promotion amongst the various
persons serving in the Public Offices in New South Wales. I can
advance no further than the statement of the general rules by
which the Local Authorities should be governed.
First. It is beyond dispute that it rests with the Governor, and
not with the Head of a Department, to lay down the general
rules according to which promotion shall be regulated amongst
the Members of that Department.
Secondly. In the next place, as often as vacancies occur, the
appointment of new Officers rests not with the Head of the
Department, but with the Governor.
GIPPS TO GLEXELG. 459*
Thirdly. It is the duty, as I am convinced it will be the in- 1838.
clination, of the Governor, to pay great deference to the opinion .
of the Head of any Department, either as to the promotion of its general rules
, ,, . * t t • c -vr -ij- i • for promotion
actual Members, or as to the choice oi Jsew Members as vacancies of officials.
occur. In the case of the Treasurer more perhaps than of any
other Officer, this is necessary, because he incurs a responsibility
of a very peculiar nature, which he might not be able properly
to sustain, unless supported by capable and trust-worthy sub-
ordinates. Nevertheless, even in this case, the discretion of the
Governor cannot be fettered by any positive injunction to com-
ply with the wishes of the Treasurer in opposition to his own
judgment. If the Governor should appoint an Officer in the
Treasury in disregard of the protest of the Treasurer, and, if
any loss of the Public Money should subsequently happen which
could be fairly traced to that cause, the responsibility would be
transferred from the Treasurer to the Governor.
With these general remarks, I would dismiss the questions
brought before me by Mr. Riddell.
If you should adopt your Predecessor's opinion as to the Decision
arrangement of Mr. Riddell's Office, that concurrent opinion strG? Gipps.
must be considered as decisive of the question. If you should see
cause to dissent from Sir Richard Bourke's view of the ques-
tion, your deference for the judgment of that Officer will not of
course prevent the free exercise of your own.
With regard to the liability of Mr. Riddell and his sureties, Liability of
I would refer you to my despatch, No. 74 of the 10th of Febru- ^^simSc?1
ary, 1838. I have, &c,
Glenelg.
Sir George Gipps to Lord Glexelg.
(Despatch No. 92. per ship Spartan.)
My Lord, Government House, 22nd June, 1838.
In reply to your Lordship's Despatch (marked Circular)
of the 5th Deer., 1837, requiring information respecting a person
of the name of Sophia Eyre or Swan, who had addressed a letter Report re
to your Lordship asking permission to have the person, whom she S" Eyre-
called her husband (a Convict of the name of Robert Swan) as-
signed to her, I have the honor to report that Miss Eyre is a
person, who came some years ago as an Emigrant to this Colony
in the ship " David Scott " and resided in several respectable
families as Governess, but, becoming as there is good reason to
believe deranged, was seduced by the Convict named Robert
Swan, then in the assigned service of Mr. Close, a Member of
Council near Maitland.
460
HISTORICAL RECORDS OF AUSTRALIA.
1838.
•22 June.
The circumstances of the case were investigated by the Police
Magistrate of Maitland in the month of June, 1837, and the
prisoner Swan was sent to Port Macquarie to break off the con-
nection. No marriage has ever taken place. j have &c
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 137, per ship Portsea.)
26 June. Sir, Downing Street, 26 June, 1838.
Address to h.m. I have received your Dispatch No. 32 of the 3rd of March
Queen victoria iast enclosing an Address to Her Majesty from the Inhabitants
acknowledged. . "
oi New South Wales on Her Accession to the Ihrone; I have
had great pleasure in laying this address before the Queen, who
has been pleased to receive it very graciously. j have &c
Glenelg.
Regulation re
salutes from
H.M. ships
and forts.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Earl Grey.)
Sir, Downing Street, 26th June, 1838.
I have the honor to transmit to you, for your information
and guidance, the Copy of an Order passed by Her Majesty in
Council on the 1st February last, for the regulation of Salutes
from Her Majesty's Ships and Forts. You will observe that
this Order forms an Appendix to Chapter 4 in page 25 of the
Book of Rules and Regulations, which was forwarded to you in
the early part of last year. j haye^ &
Glenelg.
[Enclosure.]
[A copy of this order* is not available."]
27 June.
Allowance for
outfit and
passage for
Revd. P.
Geoghegan.
Lord Glenelg to Sir George Gipps.
(Despatch No. 138, per ship Earl Grey.)
Sir, Downing Street, 27th June, 1838.
The Revd. P. Geoghegan having been recommended to
me by the Revd. Dr. LTllathorne, and having produced satisfac-
tory testimonials, I have sanctioned his receiving the usual
allowance of £150 as a Roman Catholic Clergyman, on account
of his outfit and passage. j have &c
Glenelg.
Note 14.
GLENELG TO GIPPS. 46)
Lord Glenelg to Sir George Gipps. isss.
27 June.
(Despatch No. 130, per ship Portsea.)
Sir, Downing Street, 27 June, 1838.
I have received your Dispatch No. 33 of the 3rd of March Address to
last, enclosing- an Address of Condolence to the Queen Dowager adfnowiedled!
on the death of His late Majesty, signed by various Classes of
Inhabitants in New South Wales; and I have had much pleasure
in forwarding this Address to Her Majesty. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 140, per ship Earl Grey.)
Sir, Downing Street, 29 June, 1838. 29 June.
I have received your Dispatch No. 38 of the 13th of
March, 1838, on the subject of the Female Factory at Parra-
matta, and I fully approve of your having lost no time in direct- Approval of
ing your attention to this Institution. The measures, which you JlJUaiV6
had in view, appear to me judicious; but, as it is not improbable factory,
that the enquiries of the Committee* of the House of Commons
on the question of Transportation may lead to the discontinuance Possible
at an early period of the system of transportation to New South transportation.
Wales, It will, therefore, be right to keep this in view in any
arrangements which you may adopt of a permanent nature with
regard to the Factory.
I much regret the misunderstanding between Mrs. Leach and
Mr. Clapham, but I shall await your further Report on this
subject before I convey to you any further Instructions respect-
ing it. I have, &c,
Glenelg.
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 141, per ship Earl Grey.)
Sir, Downing Street, 30th June, 1838. 30 June
I have received your Predecessor's dispatch, No. 119 of the Despatch
22nd of November last, reporting his opinion in regard to the
number of Convicts, who may profitably be employed on the
Public Works in the discontinuance of the system of assignment
to Private Service.
As I shall be enabled to address you more fully on this subject
after the select Committee* of the House of Commons on Trans-
portation shall have made their Report, which may be shortly Notice re
expected, I limit myself at present to an approval of the Public jJSmmSnt
Noticef which Sir Richd. Bourke issued on the 18th Novr., 1837, of convicts.
* Note 20. t Note 55.
462
HISTORICAL RECORDS OF AUSTRALIA.
1838.
30 June.
Notice re
abolition of
issignment
•of convicts.
warning the Colonists of the intention of Her Majesty's Govern-
ment to discontinue at the earliest practicable period the As-
signment of Convicts to Private Service, and pointing out the
necessity of their looking to Emigration as the source from
which to obtain the requisite supply of labour.
I have, &c,
Glenelg.
2 July.
Confinement
of R. Nixon
us criminal
lunatic.
Sir George Gipps to Lord Glenelg.
(Despatch No. 95, per ship Superb.)
My Lord, Government House, 2nd July, 1838.
I have the honor to transmit herewith the Minutes of Evi-
dence, taken on the 28th May last by the Chairman of the Quarter
Sessions at Bathurst, on the trial of Ralph Nixon charged with
an assault on Edward Williams, and who was acquitted on the
grounds of insanity.
Ralph Nixon has been conveyed to the Lunatic Asylum of the
Colony, where I propose he should remain, or be transferred to
such other public or private asylum, as the Governor of this
Colony may from time to time direct during the continuance
of his malady, subject however to the Queen's pleasure, agree-
ably to the 39th and 40th Geo. 3rd, Chap. 94, Sec. 1.
I have, &c,
Geo. Gipps.
[Enclosures.]
[These minutes, signed by W. M. Manning, have been omitted.]
3 July.
Report re
money
obtained
from colonij
treasury by
forgery.
Sir George Gipps to Lord Glenelg.
(Despatch No. 96, per ship Superb; acknowledged by
lord Glenelg, 24th January, 1839.)
My Lord, Government House, 3rd July, 1838.
I think it right to bring under your Lordship's notice a
case of Eorgery, which has occurred in this Colony, as by it a
sum of £159 has been lost to the local Treasury.
A Warrant, a Copy of which is enclosed duly signed by the
late Governor, was sent to the Colonial Treasurer's office in the
course of last November for the payment of £159 to a person
of the name of John Chapman, for work performed in clearing
the streets in the Town of Berrima, a place about 80 miles to the
South West of Sydney; and the sum of £159 was paid on the
3rd Novr., 1837, to a person calling himself John Hunter, upon
an order purporting to be signed by Chapman, and witnessed by
one James Hume, but this order, a Copy of which is enclosed,
afterwards turned out to be a Forgery.
GIPPS TO GLENELG. 463
I regret to say that all attempts to discover the parties impli- 1838.
cated in this fraud have hitherto failed. There was no reason ~^-~'
to suspect that Chapman was in any way concerned in it, nor JiH^ve?*0
has any want of due diligence been proved against him, either guilty
before or after the discovery of the fraud ; the Attorney General, P<
therefore, advised that he was entitled to receive the money which Second
he had earned, and a second payment of the same Voucher was byytreasmy?de
accordingly made on the 5th May last by my order.
The circumstance however, which is peculiar in this case, is
that John Chapman is an illiterate man, unable to write, and
that the order purporting to be in his name was signed by a mark.
The Colonial Treasurer has been called on to explain, why he
paid money to the order of a Marksman, with so little apparent
caution ; and, in justice to that officer, I think it right to submit statements by
to your Lordship his explanation in his own words ; a copy there- ^n^' Rldde11
fore of his letter is enclosed, as also of one which has been w- kithgow.
addressed to me by the Auditor General in consequence of the
suspicion, which was cast by the Treasurer on certain Clerks in
his (the Auditor General's) office. Tour Lordship will perceive
that, of the persons called Convict Clerks in the Auditor
General's office, two only are actually serving under a sentence
of transportation, the other having entered the office after he
became free. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.']
Lord Glenelg to Sir George Gipps.
(Despatch Xo. 142, per ship Earl Grey.)
Sir, Downing Street, 4th July, 1838. * July.
I have the honor to acquaint you that I have sanctioned Allowance for
the allowance of £150 for the outfit and Passage of the Revd. paLageTfor
W. Eoss, who has been selected by the Committee of the General Revd- w- Ross-
Assembly of the Church of Scotland on Colonial Churches to
proceed as Presbyterian Minister to New South Wales.
I have, &c,
Glexelo.
Sir George Gipps to Lord Glenelg.
(Despatch No. 97, per ship Superb.)
My Lord, Government House, 4th July, 1838.
With reference to my Despatch to your Lordship No. 84
of the 7th June last on the subject of an application from Messrs.
Swanston and others for permission to work Coal Mines at
464
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
4 July.
Transmission of
correspondence
with A. A.
company.
Western Port, in which Despatch I informed Your Lordship that
I had caused a letter to be addressed to the Commissioner of the
Australian Agricultural Company, respecting the nature of the
Agreement which was made in London in 1830 for the working
of Coals by the Company, I have now the honor to enclose a Copy
of the letter which was so written, as well as of the answer which
has been received to it. I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Colonial Secretary Thomson to Commissioner of
A.A. Company.
Submission of
application to
mine for coal
Sir, Colonial Secretary's Office, Sydney, 9th June, 1838.
I do myself the honor by the direction of the Governor to
i copy of an application from Mr.
to you herewith
at Western port.
Permission
to be obtained
from secretary
of state.
C. Swanston and other Gentlemen for permission to work a Coal
Mine at Western Port, and to inform you that, in consequence of
the perusal of it, His Excellency's attention has been directed to
the terms of the agreement subsisting between the Government and
the Australian Agricultural Company on the subject of working
Coals.
It appears to His Excellency that, according to the 10th Para-
graph of a letter which was addressed to Sir E. Parry on the
25th June, 1830, by order of General Darling, the local Government
cannot grant permission for the opening of Coal mines without the
previous sanction of the Secretary of State; but that, as it appears
to His Excellency to be not reasonable but highly desirable that
Coal, if it exist in the neighbourhood of Bass's Straits, should be
made available for public use, it is his intention to make application
to the Secretary of State for an authority to work it, or cause it
to be worked, and that His Excellency thinks it right to inform you
of his intention in order that the Company may have an oppor-
tunity of making proposals either to the Local or the Home Govern-
ment in the event of their wishing to undertake the business
themselves. I have, &c.
E. Deas Thomson.
Lettei
aeknowledg
Inability
to modify
agreement
with A.A.
company.
[Enclosure No. 2.]
Mr. J. E. Ebsworth to Colonial Secretary.
Sir, Port Stephens, 15th June, 1838.
I have the honor to acknowledge the receipt of your letter
dated 9th June, transmitting, by direction of His Excellency the
Governor, a Copy of an application from Mr. C. Swanston and other
Gentlemen for permission to work a Coal Mine at Western Port.
The arrangements, upon which the Australian Agricultural Com-
pany undertook the working of the Coal Mine at Newcastle in
this Colony, having been altogether made between the Home Gov-
ernment and the Company, I am not authorised, without reference
to the Court of Directors, to propose any alterations in the terms
and Conditions, which were finally agreed upon with the Secretary
of State.
GLENELG TO GIPPS. 465
A Copy of your Communication above referred to shall be irmnedi- 1838.
ately forwarded to the Court of Directors, with a view to their 4 Ju\y-
being prepared to enter into such negotiations with the Home Gov-
ernment, as may appear to them expedient in consideration of the
proposition made from Van Diemen's Land.
I have, &c,
J. Edwaed Ebsworth,
Commissioner for the A.A. Company.
Lord Glenelg to Sir George Gipps.
(Despatch No. 143, per ship Earl Grey.)
Sir, Downing Street, 5th July, 1838. 5 July.
I have received Colonel Snodgrass's dispatch, No. 10 of Memorial
the 10th of January last, enclosing a Memorial from the Revd. j, McGarvie
John McGarvie, Minister of one of the Scotch Churches in Syd- acknowledged.
ney, praying for a grant of Land.
Mr. McGarvie grounds his claim principally on the precedents Criticism
of the Revd. Dr. Lang, who received a Grant in the year 1828, fafncdla^nt°.
and of those chaplains of the Church of England, who, having
been appointed with an understanding that they should receive
Grants under an arrangement promulgated by Sir George Murray
in the year 1829, received compensation for such Grants. It is
almost needless to observe that neither of these cases are at all
analogous to that of Mr. McGarvie, who now comes forward many
years after the system of making Grants has been abolished, and
without any previous pledge or assurance.
You will have the goodness to acquaint him that I regret that Refusal of
it is not in my power to comply with his application. an §iant-
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 144, per ship Lady Nugent.)
Sir, Downing Street, 5 July, 1838.
I have the honor to inclose the Copy of a letter from the Transmission
Agent General for Emigration on the subject of a Bill drawn by ^ p^J^™
Dr. Brock on account of Medicines, Provisions, etc., supplied to
the Emigrant Ship " Orontes " at the Cape of Good Hope.
I concur in the remarks, which Mr. Elliot has made on the
charges incurred by Dr. Brock. The charge for Stationery is Disallowance
disallowed. You will, therefore, call upon Dr. Brock to refund of charge for
the expenditure on that account, and to adjust any irregularities
which may be found on examining his Accounts.
I have, &c,
Glenelg.
Ser. I. Vol. XIX— 2 G
466
HISTORICAL RECORDS OF AUSTRALIA.
1838.
5 July.
Report by
T. F. Elliot
re account
for medicines
and provisions
purchased by
H. G. Rrock.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, 2 Middle Scotland Yard, 25th June. 1838.
I have had the honor to receive your letter of the 14th In-
stant, requiring me to report whether Mr. Barnard should be autho-
rized to pay Dr. Brock's Bill for £115 13s. on account of medicines
and Provisions supplied to the " Orontes " at the Cape of Good
Hope.
As the Surgeon is authorized by his instructions to call at the
Cape for water and refreshments, and to draw on Mr. Barnard for
the same, and, as the nature of the case requires that he should be
left a discretion in regard to its amount, I would recommend that
this Bill should be paid.
At the same time I must add that it is much higher in amount
than any one that has yet been drawn for a similar purpose. From
£20 to £40 has been the ordinary amount of any previous draft
from the same place, whereas more than £115 is drawn on the pre-
sent occasion. I think it necessary, therefore, to offer a few re-
marks on some of the Charges, of which I enclose an account that
I find Dr. Brock has transmitted of them to Mr. Barnard.
The first seven items amounting to 18s. 8d. for Pens, Ink and
Paper for the use of Dr. Brock appears to me very objectionable.
It is not for such articles as these, but for the benefit of the Pas-
sengers, that a discretion of drawing on the Colonial Agent from
intermediate Ports is confided to the Surgeons superintendent of
Emigrant Ships, and I am of opinion that the charges above-
mentioned should be disallowed.
The Sum of £14 6s. 8d. is entered as expended for Medicines.
The passage of the Orontes to the Cape appears to have been a very
long one, and it is not surprising that some additions should have
been requisite under this head ; but, as the original charge for the
whole supply of Medicines from Deptford does not exceed £22, the
necessity of expending two thirds of that sum in replenishing the
Chest ought to be such as must be apparent from the Medical
journal. The attention of the Physician General of the Navy will
therefore be requested to this point as soon as the Journal is re-
ceived, and in the meairwhile I merely mention the circumstance as
one to be looked to when the proper time arrives. The Bill for
Medicines, which is named in the account as annexed, has not
accompanied the copy furnished to Mr. Barnard. It seems neces-
sary, therefore, that this should be mentioned to the Governor, in
order that it may be ascertained whether the voucher was produced
in the Colony instead.
The most important charge in this account is that for 30 live
Sheep and their Provender. The usual supplies of fresh meat and
vegetables, for immediate use in Port and during the first days
afterwards, are charged for independently, to the amount of
£30 18s. lid., which seems to be perfectly unobjectionable. But the
purchase of a stock of Live Sheep besides does seem to me of
much more questionable expediency. I should apprehend it would
materially enhance the difficulty of an efficient check upon the
provision account. And, although Dr. Brock alleges that it will
on the whole be an advantage in a pecuniary point of view to the
Colony, yet, if every Surgeon wTere to depart from established usage,
and make large outlays upon his own judgment of what may be
GLENELG TO GIPPS. 467
beneficial, we should lose all control over the expenditure and all 1838.
power of estimating its amount beforehand. 5 Jul-V-
These remarks I have thought it my duty to make in consequence Report by
of the large amount of Dr. Brock's bill. Except upon the charges T. F. Elliot
for stationery and the doubtless accidental omission of the Receipt fo/medicines
for Medicines purchased at the Cape, I have had nothing conclusive and provisions
to say. Much must depend in regard to the rest upon the clearness purchased by
and precision of the Accounts rendered in the Colony, and upon the H- G- Brock-
discretion which Dr. Brock may have been found there to have
exercised. I apprehend, therefore, that, should Lord Glenelg concur
in the views expressed in the present communication, it will only
be necessary to send a copy of it to the Governor with instructions
to call upon Dr. Brock to refund the disallowed charges for Sta-
tionery, and that the remainder may be left for such course as may
be thought best in the Colony, where each successive Surgeon's
accounts have to be examined and the nature of his proceedings to
be reviewed. I have, &c,
T. Fredk. Elliot.
[Sub-enclosure.]
Dr. H. G. Brock, Capetown, March, 1838. Account for
Dr. to Thos. Tennant and Co., purchases by
For the following supplies to the Government Emigration ship " Orontes " during H. G. Brock,
lier stay at this Port.
£ s. d.
2 Quires Foolscap @ Is. 3d 0 2 6
6 Quires Common Do @ 9d 0 4 6
5 ,, Superior Post @ Is. 2d 0 5 10
1 Ps. Red Tape @ 4d 0 0 4
1 Bottle Red Ink @ 6d 0 0 6
1 „ Black Ink @ — 0 0 6
50 Quills @ — 0 4 6
3 Dozen of London Porter @ 12s 1 16 0
4 „ „ Port Wine @ 36s 7 4 0
20 lbs. of Pearl Barlev @ 7-|d 0 12 6
20 „ „ Pearl Sago " @ 7^d 0 12 6
Medicines as per acct. herewith 14 6 8
Cash paid Fruits for the Sick 2 0 0
3 Bags of fine White rice @ 25s 3 15 0
20 yards of Calico @ 8d 0 13 4
Repairing Government Harness Casks 0 5 0
7 Days' supply of Meat ea. 179-J lb. are £ s. d.
1,256* lb. @ 3d 15 14 1*
7 Days' supply of A^egetables ea. 89 lbs. are
623 lbs. @ lid 3 17 10*
538* Extra Meat @ 3d. 6 14 7
732 lb. Extra Vegetables @ l*d 4 11 6
30 18 1
30 live Sheep @ 12s IS 0 0
1,550 lb. pressed Hay @ 12s 9 6 0
7 Tins 14 lb. of Preserved Meat @ 2s. 9d 1 18 6
10 ,, ea. 2 lb. Soup and Bouillie @ 5s. 6d 2 15 0
Waggon and Coach Hire 2 5 0
900 loaves of Bread @ 4|d 17 6 3
21 bags „ „ @ 6d 0 10 6
£115 13 0
AVe the undersigned Merchants resident at the Cape of Good Hope do hereby declare
that the prices quoted to the above Articles are fair and reasonable.
THOS. ANSDELIi.
Cape Town, 17th March, 1838. E. P. Amyot.
Received in payment of the above account Dr. Brock's Draft at 30 days' sight on
Edward Barnard, Esq., Colonial Agent, Parliament Street, London, for the sum of
One hundred and Fifteen Pounds, Thirteen shillings, sterling.
Cape Town, 17 March, 1838. Thos. Tennant and Co.
468
HISTOEICAL RECORDS OF AUSTRALIA.
1838.
6 July.
Omission to
transmit
memorial
of H. Howey.
Address to
H.M. Queen
Victoria
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 145, per ship Earl Grey.)
Sir, Downing Street, 6th July, 1838.
I have the honor to acquaint you that I have received
Colonel Snodgrass's Dispatch, No. 23 of the 9th of Feby. last,
but that the Memorial from Mr. Henry Howey, which that dis-
patch purported to transmit, has not reached this Department.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 146, per ship Portsea.)
Sir, Downing Street, 6 July, 1838.
I have received your dispatch No. 3-2 of the 3d March last,
transmitting an address of Congratulation to Her Majesty on
Her accession to the Throne signed by various classes of the In-
habitants of New South Wales.
I have had the honor to laying this address before the Queen,,
who was pleased to receive it very graciously. I have, &c,
Glenelg.
Transmission
of despatches
from and to Sii
J. Franklin.
Lord Glenelg to Sir George Gipps.
(Despatch No. 147, per ship Portsea; acknowledged by
Sir George Gipps, 29th March, 1839. )
Sir, Downing Street, 6 July, 1838.
I have the honor to transmit to you a copy of a despatch
from the Lieutenant Governor of Van Diemen's Land enclosing
various reports and opinions from the principal Officers of the
Government on the subject of Convict Discipline. I also enclose
a copy of a dispatch, which I have addressed in reply to Sir John
Franklin, and you will take the necessary measures for giving
effect to the recommendations of that Officer, which you will
perceive have been adopted by Her Majesty's Government.
I have, &c,
[Enclosure No. 1.] Glenelg.
[This despatch, dated 7th October, 1837, with, its enclosures from
Sir John Franklin loas printed in the parliamentary papers of the
house of commons, under the title " Communications respecting Con-
vict Discipline in Van Diemen's Land."]
[Enclosure No. 2.)
Lord Glenelg to Sir John Franklin.
Sir, Downing Street. 6 July. 1838,
Despatch * have received your dispatch No. 104 of the 7 Oct.. 183
acknowledged, enclosing certain reports and opinions, which you had reed, on the-
subject of Convict Discipline in the Colony under yr. Govt.
.
GLEXELG TO GIPPS. 469
I communicated a copy of that Dispatch and of its Enclosures is3S.
to the Secy, of State for the Home Dept. It is not my purpose at (> July-
present to enter into the various questions raised in these Reports,
but there are some suggestions contained in your Dispatch which Reforms
appear to call for immediate adoption. These are: — introduced
1st. That all Convicts, before being assigned, should be coerced ^sSiSe
in gangs under the immediate control of the local Govt., these Gangs
to be kept separate from what are now considered the " punishment
Gangs " consisting of Criminals twice convicted.
2d. The discontinuance of the system of assigning Convicts " to
he employed for the purposes of luxury, or as domestic Servants."
The condition of domestic Servants, you observe, is better than that
of ordinary field Labourers, and it is that diversity which renders
the Assignment an unequal punishment. One effect of this measure
would be to discontinue to a great degree the residence of assigned
Convicts in Towns, and a relief wd. be afforded to the Emigrants
from some discouragement which attaches to their present condi-
tion in the Colony.
3d. An obligation for Convicts in Assignment to wear some dis-
tinguishing badge ; and 4th a modification of the present system of
Tickets of Leave.
After the fullest consideration. II. M. Govt, have come to the
determination that whatever changes may hereafter be considered
advisable with regard to Transportation, the alterations which you
have proposed should be immediately carried into effect. I have
addressed a similar instruction to the Governor of New South
Wales. I have, &c,
Glenelg.
Sir George Gipps to Lord Glexelg.
(Despatch No. 90, per ship Superb.)
My Lord, Government House, 6 July, 1838.
In reply to your Lordship's despatch of the 27th Jany. last, Repayment to
Xo. 68, directing- repayment to be made out of the Colonial ^ad^c^to*
Chest of £12,267 which had been advanced to E. Barnard, Esq., colonial ^ent.
by the order of the Lords Commissioners of the Treasury, I have
the honor to report that this sum of Twelve thousand, two hun-
dred and sixty seven pounds was paid into the Military Chest of
this Colony on the 28th June last. I have, &c.,
Geo. Gipps.
Lord Glexelg to Sir George Gipps.
(Despatch Xo. 148. per ship Earl Grey.)
Sir, Downing Street, 7th July, 1838. 7 July.
I have received your Dispatch, Xo. 39 of the 11 of March Despatch
last, submitting your claim to Half Salary from the date of acknowl(
Sir K. Bourke's departure from the Colony until your arrival.
The information on this subject, which you received at this
Office before you quitted England, was in strict conformity with
470
HISTORICAL RECORDS OF AUSTRALIA.
1838.
7 July.
Regulations
re salary of
acting
governor.
the universal practice in such cases, and I am of opinion that
the Local Act of 1832, on the authority of which the acting Gov-
ernor claims to draw full Salary, cannot be construed in such a
manner as to confer on an Officer of the Crown a remuneration
exceeding that which it has been Her Majesty's Pleasure to as-
sign for the maintenance of his Office. The established condi-
tions of the Service distinctly ascertain that an Officer in the
temporary administration of the Government is not entitled to
more than half the Salary, which would have been due to the
Governor himself in respect of the same term of Service; I feel
it at the same time due to Colonel Snodgrass to admit that the
terms of the Act, together with the precedent to which reference
has been made, might not unreasonably have led him to enter-
tain a different opinion; but I am bound, on the grounds which
I have stated, to disallow his claim to more than a moiety of the
Salary of the Governor during the period of his temporary
Administration. I have, &c,
Glenelg.
Dismissal of
J. Clapham
as steward at
female factory.
Transmission
of letters from
J. Clapham.
Replv bv
P. L. Campbell
to statements.
Sir George Gipps to Lord Glenelg.
(Despatch No. 100, per ship Superb.)
My Lord, Government House, 7th July, 1838.
In my Despatch of the 3rd May last, No. 70, I had the-
honor to report to your Lordship that I had been under the neces-
sity of removing Mr. John Clapham from his situation of House
Steward of the Female Factory at Parramatta, in consequence of
his continued disagreement with Mrs. Leach (the Matron) and
his refusal to acknowledge her as the head of the Establishment.
I have now at the request of Mr. Clapham to forward a letter,
which he has addressed to your Lordship, representing the hard-
ship of his case, and also two enclosures, which are copies of
letters from Mr. Clapham to myself on matters relating to the
Factory. One of these last named letters dated the 5th March
was before me when my Despatch of the 13th March, No. 38,
was written to Your Lordship, and, though not specially alluded
to in it, is I hope sufficiently disposed of by that and my suc-
ceeding Despatch of the 3rd May. The other letter, dated the
11th May, was written a few days after Mr. Clapham was dis-
charged from the Factory, and appears to consist principally of
Extracts made from a private Journal kept by him during the
time he was in the establishment. As the representations in this
letter chiefly affected the Visiting Magistrate, Mr. P. L. Campbell,
I deemed it right to call upon him for a reply to it, and I have-
now the honor to enclose a copy of the answer which he has
furnished.
GIPPS TO GLENELG. 471
These documents doubtless expose proceedings in the Factory „183^.
that would be highly reprehensible in any well organised prison; - — .'
but I must for my own part candidly say that, after all I had t^futfmy.
heard, and what I have since my arrival seen of the Factory,
there was nothing brought to light by them, which in the least
astonished me. It was on the acknowledged fact that the state
of discipline in the Factory was very different from what it
ought to be, that I obtained permission, before I left England, to
make alterations in the building; and I freely state to your Lord-
ship that I entertain no hope whatever of any material amend-
ment in it, until I shall have the means of placing a large portion
of the women in separate confinement.
As far as Mr. Clapham himself is concerned, and the way in Cause of
which I have dealt with him, a great deal must depend upon betV^^i
whether he was right or wrong in assuming an authority over J- Clapham
Mrs. Leach, for this it was which led to their first misunder-
standing and rendered it impossible for me to keep them both.
I stated, in my Despatch of the 13th March, that I thought it
never was your Lordship's intention to confer such authority on
him, and, from my recollection of the conversations I had with
Mrs. Fry on the subject, I believe she as little supposed that
Mrs. Leach was placed under his control. If such however were
really the intentions of your Lordship, Mr. Clapham must cer-
tainly be excused for a good deal of what he has done, but not
even in that case can he be justified for the cruel and I believe
unfounded accusations that he has brought against her.
Mrs. Leach is still in charge of the Factory, but she is so Proposed
deficient in self command that I have no hope of being able to r^gnation
retain her; indeed I have already intimated to her that she must
resign, and the best thing I can then do will be, I think, to
restore Mr. and Mrs. Bell to their former places.
I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 101, per ship Superb; acknowledged by
lord Glenelg. 2nd January. 1S39.)
My Lord, Government House, 8th July, 1838.
With reference to my Despatch of the 20th June last
No. 88, with which I forwarded to your Lordship, for the allow-
ance of Her Majesty, a Copy of certain rules and Regulations
made by the Judges of the Supreme Court, in virtue of the
8 Julv
472
HISTORICAL RECORDS OF AUSTRALIA
1S38.
8 July.
Transmission
of letters re
interstate
estates.
Act of council
for deposit
of funds of
intestate
estates in
savings bank.
Statute 9th Geo. 4th, Chap. 83, Sec. 16, I have now the honor to
transmit to your Lordship two letters, which ought to have accom-
panied that Despatch, but which I received from the Judges only
yesterday. One of these letters is addressed by the Judges to
myself, the other by the Registrar of the Supreme Court to the
Judges, and both are on the subject of the retention in the hands
of the Registrar of monies belonging to the estates of persons
dying intestate in the Colony.
In connection also with this subject, I beg leave to enclose to
your Lordship a copy of a local Act, which has passed the Legis-
lative Council in the present Session, which, if it be allowed
by Her Majesty, will set at rest the question as to the proper
disposal of these monies by placing them in the Savings Bank.
I have only further to explain to your Lordship that, before 1
signed this local Act, I satisfied myself that the interests of the
poorer Class of Depositors in the Savings Bank would not suffer
by the proposed investment in it of these monies, and also that
the Trustees of the Bank did not object to the measure.
I have, &c,
Geo. Gipps.
Submission
of rules and
regulations
of court for
allowance.
Principles
adopted in
framing rules.
Protest by
J. E. Manning.
[Enclosure No. 1.]
The Judges to Sir George Gipps.
Sir, Supreme Court House, Sydney, 29 May, 1838.
We have the honor of enclosing a Copy of certain rules and
regulations made by us in pursuance of the Authority given to the
Judges of the Supreme Court by the Statute, 9 Geo. 4, C. 83, S. — ,
For regulating the admission of Attornies, for regulating the pro-
ceedings of the Court in Ecclesiastical cases, and in cases within
the Equity Jurisdiction of the Court, and for the due care and
accounting for and investment in the Savings Bank of New South
Wales of Intestates' Estates, collected by the Registrar under order
of the Court, and request that your Excellency will be pleased to
transmit the same by the earliest opportunity for the allowance
of her Majesty.
In framing these rules, we have been guided by a just concern
for the respectability of the profession of the law, for economy,
method and expedition in the dispatch of business, and for the
interests of the absent next of Kin and other claimants of persons
dying possessed of property in this Colony intestate, and in order
to place the duties of the Registrar of the Supreme Court upon a
more defined, secure and satisfactory footing. Before finally pub-
lishing the rule last mentioned, we felt, it due to the Registrar to
transmit to him for his information a Copy thereof, together with
a Copy of a proposed act of Council, which we have submitted to
your Excellency in order to carry into effect the intention of the
rules.
The Registrar, feeling aggrieved by this proceeding, has addressed
to us the enclosed letter, which, as it has not in any respect altered
GIPPS TO GLENELG. 473
our views iiitDii the subject, we have the honor to request your 1838.
Excellency will be pleased also to transmit together with the rules 8 Ju]y-
and this letter to the Right Honorable the Secretary of State in
order to give his recommendation to Her Majesty.
We are, &c,
James Dowling, C.J.
W. W. Burton.
John Walpole Willis, J.
[Enclosure No. 2.]
Mr. J. E. Manning to the Judges.
Gentlemen, Supreme Court, 5th May. 1838.
The Drafts of proposed Rules as to Intestate Estates in Proposed rules
Charge of the Registrar and of " an Act for Investment, etc., in intestate™
the Savings Bank " have been put into my hands by Mr. Gurner, estates.
with a view, I presume, to my making any observations that may
seem proper to me on the Subject.
At the first glance, I confess, it appeared to me that your Honors
had suggested a Course of dealing with the properties in question
for the benefit of absent next of kin, to which I could oppose no
reasonable objection save its utter inconsistency with that under-
standing on which I received the Office of Registrar of the Supreme
Court and Curator of Intestate Estates, in exchange for one of
much higher Salary and still higher Grade in another Colony, of
which I had before received the offer. I should say, however, that
when my friend Serjt. Wilde first mentioned to me the death of Expectations of
Coll. Mills and advised me to apply for the appointment, he said onappofntment
that he had good reason to believe it was worth more than £2,000
a year. I am sorry to say that any expectations on this head
have been Sadly disappointed, as my Official income has never
•exceeded half that sum. The Serjeant understood, however, this
income to be chiefly derived from indirect and unfixed Emolu-
ments (fees of Court, etc.), and, strange as it may seem, I was
not undeceived for some weeks after I had asked for and obtained
the appointment. It was from Mr. Stephen in Downing Street Conditions of
that I was apprised of the fact that a Salary of £800 had been sub- appointment,
stituted for fees of Office ; but, I learnt, also, that a considerable
source of emolument would belong to me in the Custody of Intestate
Estates with a per Centage upon the amounts received. I remember
its being observed by Mr. Stephen, that this fund would, no doubt,
become more and more important through the mortality of parties,
who had once belonged to the Prison population and might be
generally supposed to be unmarried, and consequently indifferent
about the disposal of their Estate by Will. No security of any
kind for the faithful performance of my trust was stipulated for
or hinted at, till I had been about two years in the Colony.
The late Chief Justice Forbes informed me, some years ago, that
he had told my predecessor Coll. Mills, and would repeat to me,
that he thought the Court might fairly direct me to invest on
Security at 8 per cent, any funds 1 might from time to time have
in hand above £500.
Not long after this Conversation, I was called upon by General security
Darling (under instructions from home) to give Security for £2,000 required from
;to .Cover Balances in my hands in my Official Character. I J" E' Manmn»-
474
HISTORICAL RECORDS OF AUSTRALIA
1S3S.
S July
Security
given for
J. E. Manning-.
Balances in
hands of
J. E. Manning
Objections
to proposed
rules.
remonstrated on what appeared to me to be the hardship of such ;t
demand upon a Gentleman who had expatriated himself and family,
under the King's Commission, without any stipulation of this
nature, and declined giving any such security here, as I would
never ask any individual in this Land of Strangers to do that for
me, which I should have no after power of refusing to do for him.
I added, however, that, if the British Treasury persisted in its
demand, it wrould be satisfied by my friends at home. My Father
and Brother thereupon entered into the required Bonds, and which
are now in force, for £2,000. That this Security had for its sole
object the Covering Balances of Intestate property, your Honors
will not doubt, as I never had been the Depository of more than
£200 of public Money at any one time in any other way, and, there-
fore, their requiring so heavy a Security under such circumstances
cannot, as it seems to me, be otherwise construed than as a full
recognition of my right by His late Majesty's Government. I feel
assured that one or two of your Honours were not in possession of
this most important feature in my case, and that it has escaped
the recollection of the present Chief Justice Dowling. The correct-
ness of my statement can however be easily ascertained from the
records of the Colonial Secretary's Office in this Town.
Since the period of my giving these heavy securities, the Current
Balances in my hands have naturally increased. I think, however,
they have never exceeded £1,300. At this time, they fall short
even of £1,000. In the latter years of Chief Justice Forbes, they
have ranged from £500 to £1,000, but. as he was cognizant of my
having been forced to give security in £2.000. he never thought
proper to remind me of the ancient limit of £500.
As I am bound to presume that the measure now proposed is the
spontaneous suggestion of your Honors, not called for by the
British or Colonial Government (and certainly not by any well
grounded idea of an improper exercise of the trust reposed in me),
as I cannot either suppose for a moment that any personal reflection
is meant to be conveyed to me by it, I shall confine myself (as far
as the question bears on my personal Interest and feelings) to a
respectful remonstrance against a measure by which a source of
legitimate Income is, as I conceive, unreasonably threatened to be
taken from me, on the faith of deriving which I emigrated hither
nearly Ten years ago. Independently, however, of all personal
considerations, Mature reflection on the scope of these " Rules "
has satisfied my own mind, that they are extremely inexpedient.
They must have an obvious tendency (in my fixed opinion) to injure
those very Interests, which they are intended to advance ; and I
shall not abstain, through a false delicacy, from the declaration
of my firm belief that, if the Registrar is to be precluded from the
enjoyment of this partial Interest in the result of Super-errogatory
exertions in bringing Estates under the Court, there may be just
cause for believing their numbers and value will be diminished
one half. In support of this Assertion, I need only allude to the
case of Bradbury, which has occupied the Court at various times
during the last eighteen months. The claim to administration was
contested by an only daughter of the deceased, and by a Woman
with whom he intermarried shortly before his denth. The claims
of each were prima facie well grounded. The drunken and disso-
lute husband of the daughter offered, first, £1,000, and afterwards
GLENELG TO GIPPS. 475
£1,500, to the widow to withdraw her claim, and the Court, at the 183S.
instance of the widow's counsel, would, I believe, have granted sjuiy.
administration to her (whom I know to be ten times more depraved obiections
and unworthy even than the other party), if I had not put myself to proposed
into the Breach by entreating of your Honors to suspend your "des.
decision until I should have procured evidence of the suspected
existance of an English Wife of the Intestate. That evidence
arrived, and the personal Estate of deceased, with the right to
Dower in a real property of £800 a year, was thus rescued at an
expence to myself of £45. I need not remind your Honors that I
could have no possible means of reimbursing myself any portion of
this expence (nor for a great many similar outlays), had not my
efforts been crowned with Success. I shall only add to this relation
one very natural enquiry, "Should I have been justified to my own
family in running such risks, if I had not a strong hope of ultimate
indemnity, with a corresponding reward for my voluntary
exertions?"
The duty of Registrar, under the Orders of Court " to collect and
hold." bears rather a passive character. No obligation is impera-
tive on him to enquire after concealed deaths and Intestacies (and
thus defeat the machinations of the cunning and dishonest) or of
discovering secreted Assets, at the expence of any outlay from his
private funds ; and, I fear, the practical result of your Honors'
measure would be. to make the duty and trust in question nearly
a dead letter in the generality of hands. The trifling addition of a
little Interest from the Savings Bank to the funds actually col-
lected and invested, will be an inadequate Compensation for the
non-receipt of a large amount of principal.
I have, &c,
J. E. Manning, Regr. Supreme Court.
[Enclosure No. 3.]
[This was a copy of the act of council of 1 Vict., entitled, " A Bill
For the Investment of Monies belonging to Intestate Estates by the
Supreme Court in the Sydney Savings Bank."]
Lord Glenelg to Sir George Gipps.
(Despatch No. 149, per ship Earl Grey.)
Sir, Downing Street, 9th July, 1838. 9 July.
With reference to my Dispatch, No. 139 of the 27th Ulto., Address to
Queen dowa
acknowledged.
I have the honor to transmit to you the answer of the Queen
Dowager to the Address from the Inhabitants of New South
Wales. I have, &c,
Glenelg.
[Enclosure.]
Lord Howe to Sir George Grey.
Sir, Marlborough House. 2d July, 1838.
I have not lost a moment in submitting to the Queen Dowager
the address of the Members of Council. Magistrates and Inhabitants
of the Colony of New South Wales assembled in public meeting
476
HISTORICAL RECORDS OF AUSTRALIA.
1838.
9 July.
Address to
<5ueen dowager
acknowledged.
It is my pleasing duty to convey the heart-felt expressions of
gratitude, with which Her Majesty acknowledges this proof of
affectionate interest in the bereavement with which it has pleased
the Almighty to afflict Her, and the kind wishes for Her future
happiness and tranquillity of mind.
The Queen Dowager is most sensible of the justice done to the
Memory of one of the best of Kings, and most amicable and honest
of Men, and assures the Inhabitants of New South Wales that she
will never cease to remember with gratitude this touching proof of
their Affection and Sympathy. I have, &c,
Howe.
Transmission
of letter from
J. Dowling.
Precedency of
chief justice.
Sir George Gipps to Lord Glenelg.
(Despatch No. 102, per ship Superb; acknowledged by
lord Glenelg, 21st December, 1838. )
My Lord, Government House, 9th July, 1838.
I have the honor to transmit herewith a copy of a letter,
which has been addressed to me by the Chief Justice of this
Colony on the subject of his Precedency, and I beg to explain to
your Lordship the circumstances which have given rise to it.
During the Government of my Predecessor, the Lord Bishop
of Australia sat in the Legislative Council below the officer com-
manding the Troops in the Colony; but, on his Lordship's taking
his seat in Council, which he did for the first time this year on
the 26th June last, he claimed to be placed next to the Chief
Justice, and above the Officer commanding the Troops, the order
in which they are severally mentioned in the Instructions under
the Sign Manual, which accompanied my Commission being,
1. The Chief Justice, 2. The Lord Bishop of Australia, 3.The
Officer in command of the Troops.
In giving my opinion that his Lordship was entitled to this
place in Council, I took occasion to remark that out of Council
the Precedency to be observed must be that, which is established
at page 26 of the Book of Eegulations bearing date the 30th
March, 1837, which places the officer in command of the Troops
first, the Bishop second, and the Chief Justice third.
In the letter which I transmit, the Chief Justice, as your
Lordship will observe, claims precedency on all occasions next to
the Governor, by virtue of the Charter of Justice, dated the
13th Octr., 1823; but, even if it be granted that the Charter
cannot be overruled by the Book of Eegulations, the question
will still remain whether the Charter gives the Chief Justice
precedence over the Bishop, inasmuch as the Charter admits per-
sons to take precedence of him, who would in England take
precedence of the Chief Justice of the Queen's Bench, which
Bishops I believe always do.
GLENELG TO GIPPS. 4
Under these circumstances, I beg to request the instructions of 1838.
your Lordship, and in so doing- to refer also to my Despatch of .'
the 5th March last, No. 34, in which a question of a similar ^reus^ons
nature respecting the precedency of the Puisne Judges was sub-
mitted to your Lordship. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this letter is not available.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 103, per ship Superb; acknowledged by
lord Glenelg, 14th December, 1838.)
My Lord, Government House, 10th July, 1838. 10 July.
I have the honor to forward to your Lordship a Copy of Recommenda-
a letter addressed to me by the Judges on the 9th June last, in j. Gurner for
which I am requested by their Honors to represent to your Lord- promotion,
ship the meritorious services of Mr. John Gurner, Chief Clerk
to the Supreme Court, and to recommend him for a higher office
in the Court, whenever a vacancy may occur.
In complying with the request of their Honors, I have only to
state that there is no office at present vacant in the Colony, to
which Mr. Gurner could be promoted.
Your Lordship will perceive that this letter from the Judges
accompanied the Rules of Court, which I had the honor to for-
ward to your Lordship with my Despatch No. 88 of the 20th June
last. I have, &c,
Geo. Gipps.
TEnclosure.1
[A copy of this letter is not available.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 151, per ship Earl Grey.)
Sir, Downing Street, 11th July, 1838. n July.
I have received Colonel Snodgrass's Dispatch, No. IT of Memorial of
the 3rd February last, enclosing a Memorial from Mr. W. Bur- acknowledged.
nett praying for a Grant of Land.
It appears from Mr. Burnett's own statement that he arrived
in New South Wales in the year 1829, in the employment of the
Australian Agricultural Company and under an agreement which
prevented him and his Sons from acquiring Lnnd. He now
478
HISTORICAL RECORDS OF AUSTRALIA.
1838.
11 July.
Refusal of
claim to
land grant.
applies for a Grant, and grounds his claim on the circumstance
that Mr. Dawson, late Agent of the Company, has recently been
ordered a Grant.
There is this important distinction between the present case
and that of Mr. Dawson, that that gentleman made his applica-
tion before the change in the Land Regulations; but I cannot
now entertain a claim, brought forward so long after the system
of Grants has been abolished, and founded on no previous pledge
or promise on the part of the Government.
You will, therefore, have the goodness to acquaint Mr. Burnett
that I feel it impossible to comply with his application.
I have, &c,
Glenelg.
12 July.
Transmission
of petition
from
M. Cooper.
Petition of
M. Cooper
soliciting
passage to
colony.
Lord Glexelg to Sir George Gipps.
(Despatch No. 152, per ship Earl Grey; acknowledged by
Sir George Gipps, 17th January, 1839.)
Sir, Downing Street, 12th July, 1838.
I transmit to you the copy of a Petition from Mary Cooper,
the wife of Wm. Cooper, a Private in the 1st Division of Mounted
Police in Bathurst, New South Wales, who appears to have been
left with her Children in this Country in a state of want and
distress.
I have to request that you will cause enquiry to be made into
the facts of the case, and call on the husband to state whether
he has the means of providing for his Family. You will be so
good as to communicate to Wm. Cooper a copy of his wife's
application, suggesting the propriety of his taking the necessary
measures for her relief. I have, &c,
Glenelg.
[Enclosure.]
The Petition of Mary Cooper, 5, Clark's Buildings, Broad St.,
Bloomsbury,
To the Right Honorable Lord Palmerston, Secretary of the Foreign
Department.
Most Humbly sheweth,
That your Petitioner's Husband is a Private in the First
Division of Mounted Police in Bathurst. New South Wales, and has
been there eleven years. That your Petitioner is aged 30 years,
and her children are one 14 years of age and her girl 12 years of
age.
That your Petitioner is poor, and unable to pay any part of her
passage to go to her husband ; and her husband is anxiously desir-
ous that she should go, having been separated since he went out
as guard to Convicts, being then in the 57th Regt., which embarka-
tion took place in the Cove of Cork about 11 years ago.
GLENELG TO GIPPS. 4 70
That your Petitioner humbly implores your Lordship's Pardon 1838.
for submitting one of her husband's letters, and her marriage certi- 12 July.
Scate, together with a Letter sent from her husband, enquiring after Petition of
her and her children. M. cooper
Prayer. — Your Petitioner most humbly implores your Lordship JjJjJJJJJ'fJ,
to grant her an order for herself and her two children to join her colony,
husband in the first ship that goes out there; for which your Peti-
tioner will ever retain a grateful remembrance, and, for your
Lordship's happiness, Your Petitioner will ever pray.
Enclosed are two letters respectfully submitted to your Lordship.
One to Your Lordship's Petitioner with the cover torn ; The other
to her cousin enquiring after her, which, with her marriage certifi-
cate and your Lordship's answer, she humbly implores may be
returned.
[Unsigned.]
Lord Glexelg to Sir George Gipps.
(A circular despatch per ship Alfred; acknowledged by
Sir George Gipps, 27th January, 1840.)
Sir, Downing Street, 12th July, 1838.
I have to desire that you will, with as little delay as pos- Return
sible, transmit to me for the information of the Secretary at War of'Svil
a Return of all the allowances for Civil Services, granted to t^arm"068
medica"
prepared according to the annexed Form. I have, &c,
Military Medical Officers in the Colony under your Government, medical
re, &c,
Glenelg.
[Enclosure.]
Statement of Allowances granted to Military Medical Officers Form for
in the Colonies for extra duties during One Year ended . return-
Station
Rank and Name of the Officer
Rate of Allowance
Nature of the duties performed
Remarks, shewing whether likely to be temporary Employment
or otherwise.
Lord Glenelg to Sir George Gipps.
(Despatch No. 153, per ship Lady Nugent.)
Sir, Downing Street, 13 July, 1838. 13 July.
With reference to my Dispatch No. 144 of the 5th Instant, Transmission
I transmit for your information and guidance the Copy of a letter ?. R^liot?"1
from the Agent General for Emigration, respecting the supply
of fresh Provisions to Emigrant Ships during the Voyage by
direction of the Surgeon Superintendent. I have, &c.,
Glenelg.
480
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 July.
Bills drawn
by surgeon
of ship
Duncan.
Proposed
checks on
purchases.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir, London, G July, 1838.
I have the honor to inform you that I have had advice of
two Bills drawn on Mr. Barnard by Dr. Dobie of the " Duncan '*
from Rio Janeiro amounting to £80 9s. Ofd. for fresh Provisions
and £20 Os. 10|d. for Medicines and that I have also duly reed, the
Vouchers for the same; and I have to recommend that Mr. Barnard
be authorized to pay these Bills.
The Charge for Medicines is again very high in this ship, as it
was in the " Orontes," on which I recently reported, but the Dun-
can is stated to have had an extraordinary unfavorable passage
to Rio.
When the Journals of the whole voyage shall arrive, the Physi-
cian Genl. of the Navy will doubtless have the goodness to notice
whether the additions procured at Rio were of reasonable extent.
Enclosed is a copy of the Acct. for fresh provisions. In respect to
the charge which it includes for live stock, I wd. beg leave to refer
to my remarks on the same subject in my letter* of the 25th Lit.
upon the Orontes. and to state that, as the advantages may at some
times be very great from this sort of supply. I am unwilling to
propose its prohibition, but that it appears to me that the Surgeon
shd. always be specially called on in the Colony for a distinct Ex-
planation of his grounds for taking it. and that the Accounts of its
Expenditure on board shd. be very strictly checked ; and with this
view I wd. suggest the Communication of the present letter to the
Governor in addition to the one of the 25 ulto., which I had the
honor to address to you in reference to the Orontes.
I have, &c,
T. Fredk. Elliot.
Despatch
acknowledged.
Authority for
expenditure
on barracks
for mounted
police.
Sir George Gipps to Lord Glenelg.
(Despatch No. 106, per ship Superb; acknowledged by
marquess of Normanby, 5th April, 1839.)
My Lord, Government House, 13th July, 1838.
I have the honor to acknowledge the recepit of your Lord-
ship's Despatch of the 9th March last, No. 86, enclosing a copy
of a letter from the Secretary of the Treasury to Mr. Stephen,
dated the 3rd of the same month, by which I am informed that
the Lords of Her Majesty's Treasury will not withhold their
sanction to the expenditure of £1,637 6s. lid. on Barracks for the
Mounted Police being defrayed from Colonial Funds, " although
it would have been more regular that the Governor of ISTew South
Wales should have forwarded a special report with every neces-
sary explanation respecting these Estimates; and my Lords sug-
gest that Lord Glenelg should make a communication to that
effect to Sir George Gipps, and should apprise both that officer
and the Lieutt. Governor of Van Diemen's Land that all esti-
mates, relating to the construction or repairs of buildings or
Note 96.
(ilPPS TO GLENELG. 481
other services defrayed from Colonial Funds, or relating to the ,JSj3JJ-
construction or repair of buildings occupied by the Convict De- y*
partment or Establishments and defrayed from the funds appro- SJJSJS^Ji
priated for Convict services, should be forwarded for the con- estimates,
sideration and direction of Her Majesty's Government by the
officers in charge of the Governments of those Colonies."'
I hope I may be allowed respectfully to express a doubt whether,
in issuing an order of this nature, the full eifect of it has been
taken into consideration by the Lords Commissioners of Her
Majesty's Treasury.
In cases where money for any works or repairs in the Colonies Effect of
is to be provided by the Home Government, the propriety of instructions.
sending home Plans and Estimates, before the work is com-
menced, cannot be disputed, though it is well known that delays
and difficulties of a most serious nature do often result from the
necessity of so doing; and also that Officers (especially those of
the Ordnance Department) are constantly obliged to take on
themselves the very heavy responsibility of acting without orders,
or against orders, to avoid the still heavier responsibility of
allowing the interests of the Public to suffer; and it is also well
known that, in consequence of the transmission of these Plans
and Estimates, a much larger establishment of Officers, Clerks,
etc., is necessary in the Ordnance Department than would other-
wise be required.
In this Colony, it never has yet been the custom to send home Objections to
Plans and Estimates for Colonial Works or Repairs, nor, as far as pianTand'1 °
my recollection goes, is it the case in any Colony* in which I estimates for
have ever been ; and, if the practice is now to be established, it
will, I very much apprehend, completely paralyse us or rather
perhaps, I should say, it will place me in a situation, in which I
shall only have the choice of seeing the improvement of the
Colony lamentably retarded or of violating my instructions every
day.
There are at present in progress in the Colony in the Depart- Buildings in
ment of the Colonial Architect : IveSion.
1 Government House, 11 Churches, 4 Gaols, 1 Lunatic
Asylum, 1 Watchhouse, 3 Courthouses, 1 National
School, 1 Signal House, 1 Police Office,
and numerous places of separate confinement; also in a few
weeks, there will be another Gaol, 3 or 4 more Court houses,
2 Watchhouses, a Police Station, and another Church com-
menced, independent of the Custom house, Police Office and other
buildings at Port Phillip, and they are all under the superintend- Supervision of
ence of one Architect, Mr. Lewis, of whose talents and assiduity jj^V.^SwiL
I cannot speak too highly; but he has in his office only one Clerk
Ser. I. Vol. XIX— 2 H * Note 99.
482
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 July.
Staff required
to fulfil "
instructions.
Public works
under
department
of colonial
engineer.
Approval by
council of
expenditure.
Reasons for
transmission
of estimates
for barracks.
of Works, one Writing Clerk and one Draftsman, whereas, for
the preparation of plans and estimates alone, such as would be
required by the Ordnance Department, I am confident that five
times this number would not suffice, and this with respect to new
buildings only. But if the same plans and estimates were to be
required in cases of repair, it is impossible to say what delays
and mischief would arise from it.
In the Department of the Colonial Engineer, I might make a
similar enumeration of roads, bridges, breakwaters, etc., all con-
ducted under the superintendence of one officer, assisted by sub-
alterns of the Line and a single Clerk of Works.
The previous sanction of the Local Legislature is properly
obtained for New buildings and a Vote of Credit for Repairs, the
accounts for them as well as all other accounts are sent to Eng-
land for Audit; and I confidently though respectfully appeal to
your Lordship, whether, in cases where the expenditure of Colo-
nial funds only is concerned, this be not sufficient.
Your Lordships will observe that the Estimate for the repairs
of Barracks belonging to the Mounted Police, which has given
rise to this Treasury Order, was sent home before the charge of
these Repairs had been thrown upon the Colony, and that other-
wise the estimate in question would never have been sent to
England. I have, &c,
Geo. Gipps.
14 July.
Appointment
of school
master and
mistress.
Allowance
for outfit,
passage and
expenses.
Lord Glenelg to Sir George Gipps.
(Despatch No. 154, per ship Earl Grey.)
Sir, Downing Street, 14th July, 1838.
With reference to my Dispatch No. 50 of the 19th of
December last, acquainting you that I had taken measures for
obtaining the services of two well qualified persons, with their
Wives, to act as School masters and School mistresses in
New South Wales, on the recommendation contained in Sir
R. Bourke's Dispatch' No. 47 of the 17th of June, 1837, I have
now the honor to acquaint you that Mr. Hume and his Wife have
been selected for this service on the recommendation of the
British and Foreign School Society, and will shortly proceed to
the Colony. The Colonial Agent has been authorized to issue to
them the sum of £150 on Account of their outfit and passage;
and I have further sanctioned the issue to them of the sum of £50
to cover their expences for a period of Six Months, during which
they have been residing in London for the purpose of perfecting
themselves at the Model School of the Society. I have sanc-
tioned the latter allowance on a representation from the Secretary
GIPPS TO GLENELG. 483
of the Society that it was urgently required to meet those ex- -i]8,38]',
pences, which had been incurred in preparations for the efficient
discharge of their future duties by Mr. and Mrs. Hume, and I
fully anticipate the Concurrence of the Council in its propriety,
especially as I am assured that the time spent at the Model
School has been most diligently and usefully improved.
Another person with his Wife have recently been recommended Further
by that Society, and will probably proceed to the Colony after JSJjSS"*1
having gone through the same course of further instruction.
I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 107, per ship Superb; acknowledged by
marquess of Normanby, 10th April, 1839. 1
My Lord, Government House, 14th July, 1838.
I have had the honor to receive your Lordship's Despatch Despatch
of the 24th Feby. last, No. 80, with its enclosure from the Trea- ackn°wiec]g-ed.
sury of the 22nd January, preceding, by which I am called on
to explain the nature of the services for which the sum of
£2,268 4s. was with the sanction of Sir Richard Bourke included
in the Estimates for 1838-9, sent to the Board of Ordnance for
■Convict services in Xew South Wales by the Commanding Royal
Engineer.
In reply, I have the honor to state to Your Lordship that of Expenditure
this money the sum of £673 4s. was intended for the supply of hou^effor6
two new sets of Portable houses, or as they are called " Prisoners' use of ironed
Boxes," which have long been used by the different Ironed Gangs f^f parties,
in the Colony, each box containing from 18 to 24 Convicts,
according to the season of the year or the necessity of the case ;
and that the sum of £1,595 was for the supply of ten houses of a
somewhat similar nature, but mounted upon wheels, being in-
tended for the lodgment of men employed in making roads, and
adapted to move forward with the progress of the work, whilst
the former less expensive kind of wooden house or box remains
nxed perhaps for many months or years within an enclosure
that is called a Stockade.
I have only further to observe that these Portable houses are Necessity for
in my opinion indispensably necessary, that the estimate for them ex'Pendlture-
was expressly ordered by Sir Richard Bourke, and that the charge
is one that, according to the present division of expense between
the Mother Country and the Colony, justly falls upon the former,
being one for the lodgment of Convicts not assigned to private
service. It is quite true that they might be lodged in buildings
484
HISTORICAL RECORDS OF AUSTRALIA.
1838.
14 July.
Construction
of portable
houses
authorised.
Necessity
for portable
houses.
somewhat less expensive than the kind of travelling houses on
wheels, though not perhaps in any less expensive than the mere
portable boxes, and that the difference of expense ought to be
borne by the Colony; but this difference would be I think too
trifling to be worthy of serious consideration, when the very
numerous and heavy charges, which have been already thrown on
the Colony, are borne in mind.
I beg further to inform your Lordship that, in consequence of
the great want of these portable houses, those intended for fixed
Stockades have been already made under an express authority
granted by my Predecessor to the Commanding Engineer on the
17th Octt., 1837. The houses on wheels are not yet constructed,
but the same officer has represented to me so strongly the want of
them, that I have been induced on my own responsibility to
authorize the supply of them, as it is now evident that the regular
authority from the Lords of the Treasury cannot be received for
many months.
The necessity of breaking up the former road parties, in conse-
.quence of the insecurity of the mode in which the prisoners were
lodged, was reported to Your Lordship by Sir Richard Bourke in
his Despatch of the 29th Deer., 1836, No. 139; and, unless the
superior accommodation afforded by these portable houses and
houses on wheels be authorized, it will be necessary to withdraw
the Convicts altogether from the employment where their services
are most needed. I have, &c,
Geo. Gipps.
15 July.
Renewal of
appointments
on accession
of H.M. Queen
Victoria.
Lord Glenelg to Sir George Gipps.
(Despatch No. 163, per ship Portsea.)
Sir, Downing Street, 15 July, 1838.
I have the honor of transmitting to you herewith by the
Queen's Commands re-appointments to the several Offices, which,
in consequence of the late Demise of the Crown, will shortly
become vacant in the Colony under your Government, and which
Her Majesty has been pleased to direct should be renewed, and I
have to request that you will take measures for carrying Her
Majesty's Commands into effect.
In case of such appointments as are not provided for by
the accompanying Instruments, and which have hitherto been
made by direction of the Crown, you will take care to renew such
Appointments provisionally until Her Majesty's Pleasure shall
be signified. I have, &c,
Glenelg.
[Enclosures.]
[Copies of these documents* are not available.]
Note 14.
GIPPS TO GLENELG. 485
Sir George Gipps to Lord Glenelg. is38.
15 July.
(Despatch No. 108, per ship Superb; acknowledged by
Lord Glenelg, ith January, 1839.)
My Lord, Government House, 15th July, 1838.
I have the honor to report to Your Lordship that an out- Report re
, i-i i j? a m i j. -r» •-• i attack by
raucous attack was made in the month ot April last on a British Fijianson
Schooner called the " Sir David Ogilby " by the Natives of one of ^mogfwy.
the Feegee Islands, and that the Vessel, which had sailed from
Sydney on a voyage to Manilla on the previous 28th March, put
hack in consequence to this Port and arrived here on the 6th Ulto.
The Depositions, of which I forward Copies, will show to your
Lordship that, whilst this vessel was at anchor near the Island
of Baratta, one of the Feegee group, a traffic having been estab-
lished for the exchange of such articles as are usually prized by
these savages for Tortoise shell and Trepang (or Beche la mer),
the Captain imprudently allowed a large number of them to come
on board, and that an attempt was made by them to take the
Vessel. Whether the Natives, tempted by a display of articles
on the deck, acted only on the impulse of the moment, or whether
the attack was a premeditated one, seems to be doubtful; but,
seizing an opportunity when the greater part of the Crew was
aloft, one of the Chiefs rushed on the Captain, whose name was
Henry Hutchins,, and despatched him with a single blow of a
club. In the conflict which instantly followed, another man
named William Brooks was killed, the Mate and several others
disabled, and it was only from the fortunate circumstance of
there being some muskets and ammunition in the Main Top
that the remainder of the CrewT were enabled by keeping up
a fire on the deck ultimately to regain possession of the vessel.
Many of the Islanders, and among them the Chief who led the
attack, are said to have lost their lives ; and, however great may
have been the first imprudence of the Crew in allowing such a
number of savages to come on board the schooner, their subse-
quent conduct in the defence of their own lives and the recovery
of the vessel appears to have been highly gallant.
Having regained possession of their vessel, they carried her Assistance
to a neighbouring Island, called Lebouker, where there fortu- SSKfbrig
nately happened to be an American Brig, the " Mermaid " of Mermaid.
Boston, by the Master of which every assistance that humanity .
could dictate was rendered to the sufferers, and by whom a com-
petent person (Mr. London) was put into the schooner to navi-
gate her back to Sydney, the Mate (Mr. White) being so ill of his
wounds, as to be obliged to be left behind under the care of the
missionaries at Lebouker.
486
1 838.
15 July.
Sailing of
H.M. ship
Conway for
Fiji islands.
Necessit3r
for return
of Fijians.
Papers
transmitted.
Depositions
re attack by
Fijians on
schooner
Sir David
Ogilby.
HISTORICAL RECORDS OF AUSTRALIA.
There was no Man of War at Sydney, when the " Sir David
Ogilby " arrived ; but, as soon as the " Conway " returned into
the harbour, I invited Captn. Bethune to pay a visit to the Island
where this atrocious proceeding- occurred, and I have to inform
your Lordship that the " Conway " accordingly sailed for the
Feegee Islands on the 5th instt., taking with her three of the
wounded men of the " Sir David Ogilby," who were selected for
their superior intelligence. To these men, I have promised a re-
muneration at the average rate of seamen's wages in this Port,
and which I propose to pay out of the Queen's Chest, as the pur-
pose, for which they are taken, is one that concerns the trading
interests of the British Empire and the honor of the British
Flag, rather than the particular interests of this Colony.
Your Lordship will observe, by my Despatch of this dayr
No. 109, that an additional reason for inviting Captn. Bethune
to visit the Feegees existed in the necessity of disposing of a
number of the Natives of these Islands, who had accidentally
been brought to Sydney.
I enclose for your Lordship's information:
1. Copies of the Depositions of some of the survivors of the
Crew of the " Sir David Ogilby," taken by a Police Magistrate
of Sydney;
2. Copy of the opinion of the Law officers of the Crown, as to
the proper course of proceeding;
3. Copy of a letter written by my order to Captn. Bethune of
H.M.S. "Conway";
4. Copy of his answer. I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Copies of Depositions.
( John Marshall, Seaman, belonging to the Schooner
Sydney, J gjr j3ayid Ogilby now lying in the Harbour of Port
To Wit. (^ Jackson, maketh oath and saith, on Tuesday the 2nd
day of May last, about 11 A.M., the " Sir David Ogilby " was at
Barratta, one of the Fegee Islands; we were about getting the
Ship under weigh for a cruise ; we hove the Chain short, and had
loosened Sails. I was aloft in the top assisting in loosing the Sails.
the other man, who was with me, having gone down by direction
of the Captain ; there was a great number of Natives on the Deck of
the Vessel, several of whom were assisting the Seamen to hoist
the foretop sail; the Captain (Henry Hutchins) was on the quarter
deck giving his orders, I cried out to him, and asked him how the
Clew lines were, and receiving no reply, I looked round towards the
place where I had seen the Captain standing, and I saw him lying
dead on the deck. I saw Mr. White (the Mate) lying apparently
senseless on the deck near the Captain, and one of the Chiefs of
Barratta standing over him with a large Club, with which I saw
him strike Mr. White; there were three Muskets loaded in the
GIPPS TO GLENELG. 487
Ann Chesi in the top; 1 took up one of them, and poised it at the 1838.
Chief just as he was about to give Mr. White another blow. I tired 15 July,
and the Chief immediately dropped alongside the Mate. I then Depositions
saw another of the Chiefs running with a Club in his hand towards re attack bj
the fore-hatchway, and I cried out to Samuel Hicks and John Fyia£fon
Hunter, who were down the Hold and told them to get out of the J),!"""!'/,/
way. 1 suppose I licks did not hear me, as the Chief struck him a Ogilby.
tremendous blow with his Club on the Head, which knocked him
down: the same Chief then ran forward and went down the fore-
castle; there was an Otaheite Man named Mountain on board
(one of the Crew) : he came up to me in the top, and I immediately
gave him arms and ammunition; Peterson one of the Crew after-
wards came up, and I gave him Arms also: we then kept a constant
fire upon the Natives till we Cleared the Decks: John Jones com-
monly called •• lievar Jack" was up on the forestay: he called to
me and begged me for God's sake to lash him to the rigging as he
could not hold on much longer; I went to his assistance and saw
that his foot was cut across the ankle in a dreadful manner, and
bleeding profusely; it appeared to have been a Cut from a Cutlass.
1 assisted Jones and got him on the foreyard. At this time John
Hunter, who was below, eried out that "the Decks were cleared," .
and told us to come down: we went down: 1 looked down into the
Cabin the skylight being off, and saw John Hunter with a knife and
a Chissel in his hands and he was fighting with Junnalongy, the
Principal Chief. I saw Hunter push the Chissel into the Chief's
breast ; they were at this time struggling together on the Deck ;
the Chief was armed with his Club: some of the Men then fired
into the Cabin and I heard no more struggling afterwards, and was
informed that, the Chief was dead ; the Native Women then in-
formed us that there was a Native man below forward ; Jones
went forward with a Cutlass and went below. I afterwards saw a
Native Man there dead, with several Cutlass wounds on his body:
we hoisted him up and hove him overboard ; the Vessel was under-
weigh at this time, and we afterwards got the Chief out of the
Cabin and hove him overboard also; we fired at the Natives who
had jumped overboard, and killed several of them in the Water. I
saw the Ship's boat adrift and several of the Natives in her; they
must have cast her adrift. John Marshall.
Sworn at the Police Office, Sydney, this 8th June, 1838, Before.
— Chas. Wixdeyer, J.P., 2nd Police Magistrate.
John Marshall, being sworn, further saith, the Tonnage of the
"Sir David Ogilby" was about 125 Tons; we had twelve men on
board at the time the affray took place, including the Captain and
Mate. I think we had been three days at the Islands ; wTe had
Traded for Pigs and Yams ; there were no White Men on the Island ;
there were some White Men on the same Island, a long distance
off. and a Missionary was living there about between 30 and
40 Miles off ; there had been no quarrelling, nor row with the
Natives ; while we remained there, we traded very amicably with
them : they knew we were about to go away ; the Natives were
admitted on the Decks to Trade; there was no restriction as to
the Number that was admitted on Deck. I think there were as
many as fifty on the Decks at the time of the Affray, but after it
commenced there came up many more from the Canoes ; they handed
488
HIST0E1CAL RECORDS OF AUSTRALIA.
1838.
15 July.
Deposition?
re attack by
Fijians on
schooner
Sir David
Ogilby.
their Weapons up, as they came, to their Countrymen ; there were
six or seven women belonging to the Chiefs on board; they nil
ran down below as soon as the row commenced ; we took those
Women away with us ; they had all come on Deck after the Decks
were cleared of the Natives ; we left some of the Women at
Lebouker about fifteen Miles off ; we buried the Captain there.
One of our men said that he saw the Natives kill William Brooks
in the Water, and he also says they took Brooks into their Canoe
afterwards ; we took two of the Women and landed them at Revar.
I heard no row before I saw the Captain dead. I saw the Captain's
Body ; he was wounded on the back of the head ; the wound
appeared to have been inflicted by a Club ; there were three Chiefs
on board ; they were all killed ; the Captain could speak the language
well and had been accustomed to trade with the Natives for Years ;
several of the Crew whom we shipped at the Islands could also
speak the language well ; there were two of these men Otaheite Men
and three White Men ; we had six Women with us whom we
brought from Revar. I am quite sure there was no quarrel about
the Women previous to the Affray; there was another old Chief
Ashore, but he was not present at the Affray ; the principal Chief
that we killed was about six feet four inches high. I could identify
several of the Natives who were engaged in the Affray.
John Marshall.
Sworn this 8th June, 1S38, at the Police Office, Sydney, Before.
— Chas. Windeyer, J.P., 2nd Police Magistrate.
Edward Stephenson, aged twenty three Years, a Native of Liver-
pool, England, being sworn, deposeth and saith, I was a Seaman of
the Sir David Ogilby and was present at the Affray which took
place at Barratta. I was standing on the Deck when we were
preparing to sail ; the first thing I observed was the Captain being
knocked clown by the Principal Chief of the Town ; the Captain was
standing on the Quarter Deck near the Hen Coops ; and the said Chief
wfith two other Chiefs had been just previously sitting on the Taff-
rail. I saw the Chief jump from the Taffrail and as he jumped he
struck the Captain with a Club. I had not previously observed
the Club, and I think it must have been handed up from some of
the Canoes astern ; the Chief who struck the Captain went down
in the Cabin. I ran forward and several of the Natives followed
me; they tumbled over me and I tumbled over them into the fore-
castle. I then armed myself with my Cutlass and Musket and
handed up arms to some of the Crew who were ready to receive
them, when I looked up through the Shuttle. I saw " Revar Jack "
on the forestay and heard him call to a man above to hand him a
rope; he said he was so faint from loss of blood that he could not
hold on much longer ; he wanted the rope to lash himself to the
Rigging. I saw one of the Natives standing on the bowsprit with
the Captain's Cutlass in his hand ; he had hold of the stay with
both hands and he was shaking the stay, trying to shake " Revar
Jack " off; this was one of the Chiefs wTho was subsequently killed,
I levelled my Musket at the said Chief. I shot him and he fell
overboard. I loaded again and shot a Common Native, who was
standing on the bullwarks ; he fell overboard also ; two of the Crew
afterwards came down ; they pushed through some Yams from
the Main hold which obstructed the Passage to the forecastle where
I was ; one of them was Samuel Hicks, he asked me to hand him a
GIPPS TO GLENELG. 489
Musket. I got one and handed It to him and then joined him and 1888.
the others in the hold. I got Into the hold with Hicks and the other 1 -3 July.
Man (Scotch Jack). I licks was going on Deck and just as he was Deposition8
going up a ( hief struck him from the Deck on the head with the reattac
Headrail, and knocked him down near my feet; he was very much Fijiansori
wounded and was senseless. Scotch Jack, who was in the hold ^ •,''/,',''! !v/
with us, then attempted to put his hand on the Combings of the Ogiiby.
Hatchway but the same Chief struck him a blow on the Wrist,
which sprained his Wrist; when he came to. Scotch Jack took a
Musket and shot the Chief near the eye. and it came out by his
uose; he fell, and afterwards crawled away; he was subsequently
killed in the forecastle. 1 saw his body afterwards run through
with several sword wounds. Afterwards some of the .Men sung
<mt "the Decks are cleared." Hicks who had come to, Scotch Jack
and myself then went upon deck with our Muskets. I ran aft and
looked ever the stern. 1 saw twelve or thirteen Natives swimming
about; one of them got so far out that I was enabled to take aim
at him. I tired and shot him through the small of the back, and
he immediately sunk. Scotch Jack then went into the Cabin, and
I heard him sing out for assistance. I looked down and saw the
Chief, who had killed the Captain, struggling with Scotch Jack.
I fired down tin1 Companion to frighten the Chief, thinking that
he might let go his hold of Scorch Jack. Scotch Jack told me to
mind 1 did not shoot, him (Jack). I loaded again and fired down
into some part of the Chief's body. I loaded again and by the
time a second ball had been fired into the Chief, when I was ready,
Scotch Jack was shoving the Chief more to the side of the Cabin, so
that I got. a good aim at him and fired as near his heart as I
could: when I fired, the Chief fell into the arms of Scotch Jack;
we continued firing at those who were in the Water and in the
Canoes till they got beyond the reach of our Guns. I should judge
that it was about twenty Minutes from the time I saw the Captain
knocked down to the time the men cried out "the Decks are
cleared"; there had been no dispute or quarrel to my knowledge
during the trading; the Captain had made the Chief (who killed
him) a present of some Trinkets to protect the trading ashore; the
Captain had been that Morning talking to the Chief (who subse-
quently killed him) in a very friendly way. The Captain was
killed, the Mate was left desperately wounded, so much so that
the Captain of the American Vessel, which was at Ariber, said he
did not think he could recover ; one of our men named Brooks was
also killed; we heard afterwards at Revar that there were eleven
of the Natives killed and a great number of them wounded in the
fight ; we left four out of the Men we shipped at Revar at the
same place again. Brooks was the fifth man out of the five; after
we got the Vessel under weigh, we recommended Mr. Hicks to
take charge of her as he understood Navigation; Scotch Jack said
that he knew the Reefs and would help in getting the Ship to
Lebouker. but would take no charge of her ; we buried the Captain
at Lebouker ; we then went to Revar and put ourselves under the
care of the Crew of the American Ship " Mermaid " ; there was
only one man of the Crew who entirely escaped being wounded ;
all the others were wounded more or less. There are plenty of fire
Arms on the Island, but I did not observe any in the Canoes ; if the
Crew of the " Sir David Ogiiby " had seen any firearms in the
490
HISTORICAL RECORDS OF AUSTRALIA.
1838.
15 July.
Depositions
re attack by
Fijians on
schooner
Sir David
Ogilby.
Canoes, they would have been more on their guard ; immediately
the Captain was knocked down, there was a noise and the Natives
put themselves into hostile motion. I do not know whether it was
a War Shout or not. I have no doubt but the Attack had been
planned before the Chief came off in the Morning.
Edward Stevens.
Sworn at the Police Office, Sydney, this 8th June, 1S3S, Before.
— Chas. Windeyer, J.P., 2nd Police Magistrate.
John Peterson, a Native of Denmark, Elsinore. being sworn, de-
poseth and saith, I was a Seaman on board the " Sir David Ogilby "
at the time of the Affray with the Natives at Barratta. I was
standing with my hand on the fore brace aft by the Main Rigging
with my back towards the Captain, when I heard a noise of many
Voices crying out " Hurrus," " Hurrus." I looked round and saw
a Native take a hand spike and knock down a Seaman named Bill
Brooks ; the Native was saying something at the same time he
struck him. I ran forward as quick as I could and saw the Cook
lying by the fore-rigging, and. as I ran forward, there were several
Natives in the way armed with Clubs, and I saw them catching
the Clubs which were thrown to them from the Canoes. I tried to'
get up the fore rigging and the Natives were coming towards me
with uplifted Clubs and Sticks. I did not know how to act, and. as
I had heard that a Native could not strike a Man if you looked at
him steadfastly in the face, I jumped in among them. I received
several slight blows, and they all appeared to be waiting, one till
the other struck. I jumped on the bowsprit, and. as I did so, I
got a blow on the head. I received three blows while there. I then
got under the bowsprit and hung on by the Jib down ha wis, or out
hawls ; while I so held on, the Natives in the Canoes had long
poles with which they struck my hands to make me let go ; there
were several Natives on bowsprit and I was hanging by the forestay
by both hands when one of the Natives, who was armed with the
Cook's Axe, came and held by one hand on the forestay while he
struck a blow with tfie Axe at me with the other. I evaded the blow
by letting go one of my hands ; the Native, who struck at me, let
the Axe slip from him into the water. I then got upon the Bow-
sprit and attempted to get up the stay, but just as I did so, I re-
ceived a spear into my thigh. Revar Jack, who was near me, pulled
the Spear out, and poised it at a Native who was coming towards
us with a Sabre. I got up the stay and out of his reach, but Revar
Jack was not so quick and, as he was getting up, the Native struck
him and cut his foot severely with the Sabre ; the Native then took
hold of the stay and shook it endeavouring to shake Revar Jack
and myself off. I got further up the stay and got to the top. I got
upon the topsail Yard, and then a man started out of the top to
lash Revar Jack upon the stay. I cried out for a Musket, but I
found it was not loaded; but I afterwards got ammunition and
fired away at the Natives below; they jumped overboard as fast
as they were shot, and were leaving the Deck very fast ; soon after
some of the other men cried out for more Cartridges (from the
Deck) and I threw the box which I had in my hand on the Deck;
the Men on Deck then commenced firing away at the Natives, who
were in swarms in the water about the Ship, but who appeared
frightened to go away fearing they'd be Shot. When I got on
deck, I went down forward, and, when I got down, I saw a Native
GIPPS TO GLENELG. 491
Bitting down there rubbing his face; he was wounded in the Ndse; 1838.
I went up again, and I picked a Musket up which laid on the deck; XuJuiy.
I heard a struggle in the Captain's Cabin as I came aft. I saw a Depositions
Native peeping round a Canoe to sec what was going On; he was reattackbj
hanging on by the Canoe; I levelled my Gun at him and he did Fijiaiison
net perceive me doing so. 1 shot him through the* head and he |^rpSd
sank immediately. I heard Scotch .lack singing oul in the Cabin. Ogiiby.
1 looked down and saw Scotch .lack holding the Chief round the
Neck to prevent his getting a blow at him with his Club. 1 fired
through the skylight and tired a ball into the Chief. I fired a second
ball into him, and. just as I loaded again, he turned round and
appeared as if he wanted to get away from Jack, and come up
the Companion, so I went to the Companion and met him by a Shot
in the side: after this one of the men tired through the Skylight
and the Chief fell; about two hours afterwards I went down to
the Cabin and I then saw the said Chief leaning on his Arm and
rubbing his face. I told Scotch .lack that the Chief was not vet
dead and Jack went down with a Club and smashed his head. I
was myself at this time lame from a Nail which had run about two
Inches into my foot; during the time we were trading there was no
quarrel, not the slightesl : they appeared to he on the most friendly
terms with us. Afterwards I told Scotch Jack that there was still
a Native below alive: we went down and found that, he was con-
cealed under my Bunk and my Chest and a drum put before him to
hide him from view. Jack spoke to him and asked him to come out,
but he would not do so. so Jack pushed the sword through him
seven or 8 times and killed him: we pulled him on Deck and hove
him overheard afterwards; by the help of the Women we worked
the Ship to Lebouker; we there landed three of the Women; we
hoisted our Colour as a Signal of Distress and some of the white
men came off. and. when we informed them what was the matter,
they came on board and gave us all assistance in their power. A
Chief, who was at Lebouker, wanted us to give him the Chief to
eat : they had heard at Lebouker what had occurred before our
arrival. We landed the three Queens at Lebouker and the other
women we delivered up to the Captain of the Mermaid at Revar;
among the five men we shipped at Revar two of them were Natives
of Otaheite. one of them named Mountain behaved very well ; the
Natives of the Fegee Islands are very large Men : the Chief we
killed in the Cabin was six feet odd and stout in proportion.
John Peterson.
Sworn at the Police Office. Sydney, this 8th June. 1838. Before.
— Chas. Windeyer. J.P.. 2nd Police Magistrate.
Thomas McCallfm. a Native of Ireland. County Moneghan. aged
about forty five years, being sworn, deposeth and saith, I was
Cook on board the Sir David Ogiiby at the time of the Affray at
Barratta. I went to the Captain and asked him what o'Clock it
was; the Captain told me it was twenty Minutes past eleven
o'Clock. Mr. Hicks was standing by the side of the Captain. I
went to assist in getting the ship underweigh. and. while I had
hold of a rope. I received a violent blow on the back of the head
which knocked me down, and rendered me senseless ; when I came
to my senses, I found myself at the larboard side of the Deck. I
requested to be removed into the Cabin, and, when I got in there,
I saw a large Native Chief lying dead there; there was not the
492
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
15 July.
Depositions
re attack by
Fiji an s on
schooner
Sir David
Ogilby.
slightest quarrel of any kind between ourselves and the Natives
during the time we were at Barratta. I think the motives of the
Natives for attacking us were to possess themselves of a rich
booty which they considered we had aboard. I have been a Voyage
there before and can speak a little of the language. I know some
of the Natives by name and could identify them.
Thomas McCullum.
Sworn this Sth June, 1838, Before. — Chas. Windeyer, J. P., 2nd
Police Magistrate.
Samuel Hicks, being sworn, deposeth and saith, I belonged to the
Schooner Sir David Ogilby. I am 34 Years of Age. I was born at
Hampshire. I acted as second Officer on board, and was on board
the Ship at the time of the Affray at Barratta. I was employed in
the Main hold and the Captain called to me to go on Deck. I. came
up, and we were hoisting the foretopsail when one of the Men
cried out "Oh! my God, the Captain is killed!" I looked round
and saw the Captain lying on the Deck ; there were at this time
80 or 90 of the Natives on the Deck at this time ; one of the Seamen
laid hold of me and pushed me before him and we both tumbled
into the forehold ; we flew to our arms directly. I endeavoured first
of all to make my way to the Cabin, and, finding there were some
Natives there, I desisted and I then made my way into the fore-
castle, and Edward Stephenson wTho was there, after having ascer-
tained who I was, gave me arms. I returned to the hold followed
by Stephenson, and I was looking out for a chance to get upon Deck
with my Arms when I received a tremendous blow on the head
which knocked me down senseless ; when I came to myself, I jumped
upon deck and encouraged the Men and assisted in getting the
Anchor up; the blood was running from my head very plentifully,
and I at last dropped from loss of blood, and laid on the Deck near
the Captain. I gave the men directions as I laid there ; they got the
Vessel underweigh. We proceeded to Lebouker first, and after-
wards went to Revar ; we were all wounded but one man. We went
to Barratta on Monday Afternoon and were going to leave on
Wednesday when the Affray took place ; the Captain and the Natives
were on the most friendly terms ; he used to go ashore with them,
and return again, and had been in the habit of trading with them
for Years ; he at one time lived ashore with them some time ago ;
there was not the least quarrel of any kind before the Attack
commenced ; the Captain and Crew were perfectly sober ; there had
been no spirits given to the Natives ; the Captain was a Man that
did not drink Grog ; there were four or five Women on board ; there
was no row about them ; the Natives are not jealous of their Women,
they sell them like Slaves ; when the row began, the Women all
ran below; they thought we should kill them as fast as we came
near them, but we did not touch one of them ; they knew nothing
about it ; as soon as the row was over, we made the Women come
up, as we were all weak, and the women assisted in pulling and
hauling. Hunter (commonly called "Scotch Jack") was in the
hold with us ; we intended to have blown the Vessel up rather
than be eaten. Samuel Hicks.
Sworn at the Police Office, Sydney, this 9th June, 1838, Before.
— Chas. Windeyer, J.P.
GIPPS TO GLENELG. 493
Mb. Robert London, being sworn, deposeth and saith, I am .*>(.» Years i83s.
ol' A.ge and a Native of Nova Scotia, a British Subject; I was on 1 5 July.
board the American Ship "Mermaid" at Revar, one of the Fegee Depositions
islands. I was trading .Master on Board the "Mermaid"; the re attack by
Captain was ashore, and I think, about the 29th of April. L saw a Fijianson
Vessel about six Miles off ; she tired a Gun, with Colours half mast SJbSJJi
high. I manned a boat and went off to her; the Crew were nearly Ogilby.
all wounded: there was only three men who could work; the Vessel
appeared in a very disordered state; some of the Men were intoxi-
cated. There was some (Jin. about • ',(> Gallons aboard, which by the
advice of Captain Eagleston I subsequently threw overboard. I
subsequently, by direction of Mr. Cross the Missionary and Captain
Eagleston. took charge of the Vessel and brought her to Sydney; it
was about thirty rive Miles from Revar where the Affray took
place. I heard afterwards from the Chief of Revar that thirteen
of the Natives had been killed: that Chief did not seem to attach
any blame to the Crew of the "Sir David Ogilby." About three
Years ago the Crew of a French Vessel was murdered by the
Natives of the same Island, but at a Distance of eight Miles from
Barratta, the name of the Main Island is Verate.
ROISKRT II. LONDOX.
Sworn this !> June. 1S38, Before. — CHAS. Windeyeb, J. P.. 2nd
Police Magistrate.
LAWBENCE CHBISTIAN COULSTON, a Native of Denmark, aged thirty
six Years, being sworn, deposeth and saith. I joined the Sir David
Ogilby on the 3rd May at a place called Lebouker. I was engaged
to assist in working the Vessel to Sydney. I lived eighteen Months
at Lebouker: there were fifteen white men living there; the Natives
will allow persons to plant and assist them; even 1 was paid off at
Lebouker from an American Ship; there is no Consul of any Nation
there; the Native name of the Island is OOvallow ; there are three
Chiefs on the Island. I did not hear any account from the Natives
about the Massacre of the Crew of the Sir David Ogilby. An
Englishman, who lives in a little Island called " Bevar," came and
told us of it in the Night : he came about fifteen Miles to tell us
of it; I saw the Sir David Ogilby off Lebouker with Colour half
Mast high. I went off in a Canoe to her; all the White Men, who
were there, used to go on hoard any Ship that came in. except one
man named Hunter, alias Scotch Jack, who seemed very shy of
going aboard any man of war: the Natives are some of them Canni-
bals but the head Chief of Lebouker was at one time very ill, and
he sent for the White Men ; the White Men told him that, if he
would desist from eating human flesh, they would do the best they
could for him ; he promised, and they had some Medicine with which
they cured him and since that time he has knocked off eating human
flesh ; the Articles of trading the Natives most wish for are Mus-
kets. Powder, and Knives; there is no liquor of any kind on the
Island.
L. C. Coulstek.
Sworn at the Police Office, Sydney, 9th June, 1838, Before.—
Chas. Windeyer, J. P., 2nd Police Magistrate.
Henry Miller, being sworn, deposeth and saith, I am a Native of
Hamburg and am a Seaman on board the " Sir David Ogilby." I
joined her at Revar; it was about a month ago; I assisted in work-
ing her up to Sydney. I had heard that the Captain was murdered
494
HISTOEICAL RECORDS OF AUSTRALIA.
1838.
15 July.
Depositions
re attack by
Fijians on
schooner
Sir David
Ogilby.
Legal opinion
re jurisdiction
over natives
of Fiji.
at Barratta. 1 heard this from some of the Natives. I had been
about four Months at Revar. I was left there by Captn. Dillon
of the Jesse. I know nothing about the murder of Captain Hut-
chins; when I went on board at Revar. all the Men were able to
work but the Mate (Hieks) ; they were all hurt. I saw Mr. White
and I thought he would recover; his head was wounded all over;
one of the Natives undertook to cure him and said he would cure
him ; the Cook was not able to work at all.
his
Henry x Miller.
mark
Sworn at the Police Office, Sydney, this 9th June, 1838, Before.
— Chas. Windeyer, J.P., 2nd Police Magistrate.
[Enclosure No. 2.]
Mr. F. Fisher to Colonial Secretary.
Sir, Crown Solicitor's Office, Sydney, 20 June, 1838.
With reference to your Letter of the 15th Inst., No. 38/282,
transmitting to me the accompanying Depositions of the persons
who arrived in the Sir David Ogilby in the case of the Individuals
named in the Margin* who were murdered by the Natives of the
Fegee Islands, and to request that I would obtain the opinion of
the Attorney General as to the extent to which punishment might
be inflicted on the Perpetrators of this outrage in the event of its
being possible to send a Ship of War to the Islands, and, having
referred the whole of the proceedings to the Attorney General,
I have now the honor to submit for His Excellency the Governor's
information the following opinion of the Attorney General thereon.
Opinion.
It is under the Authority of the Statute. 9 Geo. 4, C. 83. Sec-
tion 4, That the Supreme Court of New South Wales has jurisdiction
over Offences committed " upon the sea or where the Admiral
hath Jurisdiction, and over Offences committed in New Zealand,
Othaheite, or any other Island. Country or Place, situated in the
Indian or Pacific Oceans and not subject to any European State."
But this Jurisdiction only extends over the persons of the Masters
or Crews of British Ships or Vessels, or British subjects sailing in
or belonging to, or that shall have sailed in or belonged to. and
have quitted any British Vessel to live in any of the said Islands,
Countries or Places. The Natives of those Islands are not subject
to this Jurisdiction for any Offences committed by them in any
of the places before mentioned. The Law only aims at Offences
committed by British Subjects. I do not see therefore any reason
for detaining those persons, who have been examined before the
Magistrates. There is no reason to suppose that any European or
white Man was implicated in this sanguinary and savage attack
made on the CrewT of the Sir David Ogilby, and there is no Law
to warrant the apprehension and Trial of those Savages. They
must be treated as a separate nation and according to the LawT of
Nations. I am not informed as to whether there are any Tribunals
of Justice or form of Trial Established at the Fegee Islands; but.
if there are, it might have a salutary effect in preventing such
aggressions in future to act upon the law of reprizal and demand
the punishment according to their own Laws of the perpetrators
* Marginal note. — Henry Hutchinson, Master; William Brook, Seamai
GIPPS TO GLENELG. 495
of this dreadful outrage on the crew of a British Vessel; but, if L838.
they are mere Savages without any Established Government, it is i5July.
difficult to suggest what course is best calculated for the security
of the Ships that Trade with them.
The circumstances of this Case, .-is related by the persons Necessity for
examined, shew the necessity of greater caution being observed w***?"™
by the .Masters of Vessels in allowing so many of the Natives to get with natives.
on board at the same time, and also to approach in such numbers.
If only a few of them at a time were allowed on board, such a
casualty could not have happened.
I have also the honor to return all the original papers.
I have, &c,
Francis Finiiku, Crown Solicitor.
[Enclosure No. 3.]
Colonial Secretary Thomson to Captain Bethune.
(No. 38/202.)
Sir, Colonial Secretary's Office. Sydney. 2 July. 1S3S.
I do myself the honor to inform you that, on the arrival of Submission
the Schooner "Sir David Ogilby " in Sydney on the 6th Ultimo, °fPap|r^°
bringing intelligence of an attack made on that Vessel by the °' u> Bethune-
Natives of the Fegee Islands, in which the Master and one of the
Seamen were killed, the First Police Magistrate was requested to
rake measures for ascertaining the particulars of this outrage, and
1 am directed by His Excellency the Governor to transmit to you a
Copy of the Depositions in this Case taken before the Second
Police Magistrate, and also a Copy Of ^ letter from the Crown So-
licitor, containing the opinion of the Attorney General as to the
extent to which punishment might be inflicted on the offending
Parties, in the event of a Ship-of-War proceeding to the Islands.
In forwarding to you these Documents in order to afford you a
right understanding of the affair. His Excellency has directed me
to inform you that, although the Chief Actors in it seem to have
lost their lives by their temerity, and that, from the wrant of any
established Laws or Tribunals amongst these Savages, it may be
impossible to bring any of the other Natives concerned in the
aggression to justice, it yet seems to the Governor that the appear- Advantage
ance of a Man of War at the Islands as quickly as possible after of visit of
the perpetration of such an atrocity would tend to impress the t^JiJnJ**
Savages with a salutary dread of the power of Great Britain, and
that, in order to prove to them that this appearance is not acci-
dental, it is of importance that some of the survivors of the Crew Survivors
of the " Sir David Ogilby " should be taken on board the " Conway " £?™ ^oner
especially such as bear marks of Wounds received in the affray. Ogilby to sail
Four of these men have expressed their readiness to go. and I am in H.M. ship
directed to inform you that, if it is not in your power to remunerate Conway-
them for the loss of their time and Wages by bearing them on the
Books of your Ship, His Excellency will authorise them being
paid at the rate of their usual earnings by the Commissary-Generai.
The Master Attendant has accordingly been requested to com-
municate with you respecting the shipment of these Men.
I am at the same directed to transmit to you the accompanying
copy of a letter dated 30 April from the Chevalier Dillon, Owner Fijian natives
of the Schooner " Jess," reporting his having fallen in with two rescued by
Canoes containing eight men and one child. Natives of the Fegee p< Dlllon-
496
HISTORICAL RECORDS OF AUSTRALIA.
1838.
15 Jul\
Proposed
return of
natives to
islands.
Islands, who had been driven oft' the land in Stormy Weather, and
that in consequence of their destitute situation they were taken
on board his Vessel and brought to Sydney, when on their arrival
they were thrown on the hospitality of the Government to wait an
opportunity of forwarding them to their own Country; It being
thought that by treating them well they might be made the in-
struments of much good, and perhaps be the means of saving the
lives of Shipwrecked Europeans in their own Country. As the
Ship under your command is about to proceed to the Islands. His
Excellency instructs me to invite you to receive them on board the
Conway and to convey them to their Homes, together with two
Chiefs of the Island of Tonga, who were also brought to Sydney
by the " Jess."
The Master Attendant has accordingly been requested to com-
municate with you, in order that, should you be disposed to take
them, he may arrange for their embarkation.
I have, &c,
E. Deas Thomson.
Letter
acknowledged.
Action to be
taken bv
C. D. Bethune.
[Enclosure No. 4.]
Captain Bethune to Colonial Secretary Thomson.
' H.M.S. "Conway,"
Sir, Port Jackson, N. S. Wales, 3rd July, 183S.
I have the honor to acknowledge the receipt of your letter
dated 2d Inst, enclosing copy of the Depositions relating to the
Schooner Sir David Ogilby and the opinion of the Attorney General
thereon, also a copy of a letter from Chevalier Dillon.
I beg you to assure His Excellency that nothing shall be wanting
on my part to produce such effect upon the Natives as may tend
to render the navigation among the Figi Islands more secure.
I have, &c,
Chas. Drinkwater Bethune,
Captain and Senior Officer.
Assistance
given to
natives of
Fiji and
Friendly
island?.
Rescue of
Fijians bv
P. Dillon'.
Sir George Gipps to Lord Glenelg.
(Despatch No. 109, per ship Superb; acknowledged by
lord Glenelg. 2nd January, 1839.)
My Lord, Government House, 15th July, 1838.
I have the honor to report to your Lordship the circum-
stances, under which I have considered it proper to extend the
assistance and protection of this Government to Eleven Natives
of the Feejee and Friendly Islands, who, after a residence of
about nine weeks at Sydney, have been taken on board H.M.S.
" Conway," for the purpose of being restored to their Country.
Nine of these persons, natives of the Feegee Islands, were
picked up at Sea in an open Canoe, several hundred miles from
their own islands, having been driven off the land by stress of
weather, and would doubtless have perished, had the schooner
("Jess"), which brought them to Sydney, not fallen in with
them. The two others were a Chief and his attendant of the
GIPPS TO GLENELG. 497
island of Tonga, one of the Friendly group, and they eame to 11?3I8\
Sydney in the same vessel, though only, as far as I can leajn, —
to gratify their own curiosity. T^a°n chief.
The schooner "Jess" is the property of Mr. Peter Dillon, who p. Dillon,
is commonly here called the Chevalier Dillon, in consequence of schooner Jess.
his having received from the King of the French an order of
Knighthood for the discovery of the remains of the Navigator,
La Perouse.
Mr. Dillon had been engaged for some time in trafficking with
the Islands of the Pacific, and was on board his schooner when
the people were picked up. He claimed on his arrival in Sydney claim by
some compensation for their maintenance during the long time maintenance
they had been on board his vessel; and, though to this I did not ofFijians.
accede, I considered it right, in consequence of the expense he
had incurred by his humane preservation of these men, not to
make any charge against him for the maintenance of the Tonga
Chief and his attendant, who otherwise, as they were brought here
by him, ought to have been maintained at his expense.
The circumstances, wThich are detailed in my Despatch of this
day's date No. 108, having rendered it desirable that one of
Her Majesty's ships of War should visit the Feegee Islands, I Return of
have to report that these eleven men were taken by Captn. H.M.thij'
Bethune on board the " Conway " on the 6th instt,, and will be Conu'ay-
restored by him to their Country.
The expense, which has been incurred in their maintenance Cost of
from the 23rd April to the 3rd July, amounts to £39 18s. Id.; ^attoT*
and, considering that the hospitable treatment of them was a
matter in which the interests of British Traders in general are
concerned and not the people of this Colony in particular, I have
given directions (which I hope your Lordship will approve) for
its being defrayed out of the Queen's Chest.
I transmit a Copy of a letter on this subject, which was
addressed by Mr. Dillon to the Colonial Secretary.
I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. P. Dillon to Colonial Secretary Thomson.
Sir. Australian Hotel, Sydney, the 30th April, 1838.
The Person who has the honor of addressing you is the
Chevalier Dillon, owner of the British Schooner Jess, commanded
by Mr. C. Wilson.
On the Jess's late Voyage from the Fegee Islands towards this Rescue of
Port, she fell in writh at Sea two Canoes containing Eight men and Fijians by
one Child, natives of the above Island, who had been driven off p" Dillon-
from the land in stormy weather.
Ser. I. Vol. XIX— 2 I
498
HISTORICAL RECORDS OF AUSTRALIA.
1838.
15 July.
Rescue of
Fiji an s by
P. 'Dillon.
Request for
compensation.
Those poor people were in a complete state of destitution and
begged to be rescued from the jaws of death by being taken on
board the Jess.
To abandon them to their fate would be a want of humanity and
a disgrace to the British Flag. I therefore directed the Master
to receive them on board and bring them to this Port where they
now are.
I further beg leave to state that I am now-on the eve of my depar-
ture for Europe, and shall feel particularly obliged by this Govern-
ment being so good as to take those poor people off my hands, and
to forward them by the first Man of War or trading Vessel that
may sail for the Friendly or Fegee Islands.
The expense of their food and Clothing for the last three and a
half Months falls heavy on me as an individual ; under those cir-
cumstances, I hope the Government will kindly consider my situa-
tion and allow me such Sum as they may think proper for the
daily maintenance of each of those Individuals.
I have, &c,
Peter Dillon.
16 July.
Despatch,
acknowledged.
Refusal of
land grant
for E. Hickey.
Lord Glenelg to Sir George Gipps.
(Despatch No. 155, per ship Earl Grey.)
Sir, Downing Street, 16th July, 1838.
I have received Colonel Snodgrass's dispatch, No. 25 of
the 18th of February last, enclosing an application from Mr.
Hickey for a grant of Land.
Mr. Hickey, I perceive, was prevented from receiving a Grant
from the circumstance of his having been employed in the Com-
missariat Department at the period when Grants were made
Having quitted that Service, he now prefers his application.
You will have the goodness to inform the applicant that it i?
quite out of my power to comply with his application.
I have, &c,
Glenelg.
Memorial of
L. Duguid
acknowledged.
Claim of
L. Duguid to
land grant.
Lord Glenelg to Sir George Gipps.
(Despatch No. 156, per ship Earl Grey.)
Sir, Downing Street, 16th July, 1838.
I have received Colonel Snodgrass's dispatch, No. 27 of
the 20th February last, enclosing a Memorial and various docu-
ments with reference to the claim of Mr. Leslie Duguid to an
additional Grant of 2,560 Acres of Land.
It appears that Mr. Duguid emigrated to New South Wales in
the Year 1822, when he received 2,000 Acres of Land. He then
returned to this Country, and, before re-embarking for the Colony
in the year 1824, he received a note from Mr. Wilmot Horton,
GLENELG TO GIPPS. 199
Under Secretary of State, enclosing a Dispatch to the Governor 1888.
of New South Wales, authorizing him, as Mr, Duguid was in- _Ly-
formed, to make to that Gentleman a (I rant of Land propor- ^Duguidto
tioned to his increase of Capital. land grant.
The application of Mr. Duguid for a secondary Grant was
refused by Sir Thomas Brisbane, because the improvements re-
quired by the then existing Regulations had not been fulfilled,
and by General Darling in the year 1829, because Mr. Duguid
was then in the Service of the1 Bank of Australia. At the latter
period, his Capital amounted to £500.
I entirely concur in the justice of the remarks of the Bishop Endorsement
of Australia as recorded in the Minute of Council, appended to bishopof" <Jt
Colonel Snodgrass's dispatch, that, although Mr. Duguid re- Australia,
eeived from the Secretary of State in 182-4 an Order for obtain-
ing an additional Grant, yet that Order must necessarily have
been, and by the receiver must have been understood to be,
dependent on his fulfilling the conditions on which Land was
at that time granted. According to the Regulations subsisting
from 1824 to 1831, those conditions were two, vizt., improvement
of the previous Grant and personal residence. The application
was refused in the first instance by Sir Thomas Brisbane on the
ground of the first of those conditions not having been complied
with; and the renewed application to Sir R. Darling in 1829
was negatived, because the applicant was not in a condition to
comply with the latter; nor does it appear that he was ever so
circumstanced as to be able to meet both the appointed condi-
tions at the same time, until after the system of granting land
was abolished.
I have quoted the opinion of the Bishop of Australia in this
case, because it appears to me to place the facts in the clearest
point of view. The Land Regulations were not changed until
Seven years after Mr. Duguid returned to the Colony, and that
period is now doubled.
Under these circumstances, I do not consider that Mr. Duguid Refusal of
has any valid claim to an additional Grant. I have, &c, for LSDuguid.
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 157, per ship Earl Grey.)
Sir, Downing Street, 16th July, 1838.
I have received Colonel Snodgrass's dispatch, Xo. 20 of Memorial from
the 6th of February last, enclosing a Memorial signed by several acknowledged.
Officers of your Government, praying for Grants of Land, which
500
HISTORICAL RECORDS OF AUSTRALIA.
1838.
16 July.
Criticism of
claims to
land giants.
Refusal of
land grants.
they were disqualified from receiving before the change in the
Land Regulations in consequence of their holding official situa-
tions, which of course prevented the fulfilment of the conditions
imposed on Grantees.
Applications for Grants have been so uniformly refused by
Her Majesty's Government since the change in the Land Regula-
tions, except in cases where direct promises had been given, that
I regret that the sanction of Colonel Snodgrass's recommenda-
tion should have been given to this application. The Me-
morialists state that they emigrated on the faith of the Regula-
tions of Government, by which they were respectively entitled to
Grants of Land on their arrival in the Colony. They all, how-
ever, accepted official appointments with the full understanding
that they would, during the tenure of their Offices, be prevented
from receiving Grants. The letter, to which they refer, addressed
by the Colonial Secretary to Mr. Harrison under date of the 3d of
October, 1826, certainly might have been more cautiously worded;
but no such communication can be supposed to bind the Govern-
ment to the continuance of a particular system, and it is now
brought forward nearly eight years after the system to which it
has reference has been abolished.
The true and legitimate reward for meritorious public Servants
is advancement in the Service to which they belong, and Her
Majesty's Government will always be ready to promote, as far as
may be practicable, the interests of those whose assiduity and
good conduct may give them a claim to consideration.
I cannot, however, entertain their claim to be rewarded from
the Land Revenue in violation of a system to the maintenance of
which Her Majesty's Government are strictly pledged.
I have, &c,
Glenelg.
Application by
J. Raymond
for land grant
acknowledged.
Lord Glenelg to Sir George Gipps.
( Despatch No. 158, per ship Earl Grey. )
Sir, Downing Street, 16th July, 1838.
I have received Sir R. Bourke's dispatch, No. 107 of the
3rd of November last, transmitting an application from Mr.
James Raymond for Grants of Land for himself and his Sons.
Sir R. Bourke adverts to a correspondence,* which Mr. Ray-
mond had with this Department previously to his emigration in
1825, relating to some peculiar circumstances which might pos-
sibly distinguish his case from that of any ordinary Settler.
* Note 49.
GLENELG TO G1PPS. 501
On reference to the correspondence which occurred at the 1888.
time, I find that, on the recommendation of the Irish Government,
free passages were granted to New South Wales to Mr. Raymond, concessions to
his numerous family and his servants. That indulgence was g^a/^0 ^d on
recommended hy the Irish Government on account of his having from rreiand.
been obliged to quit the district of Ireland where his properly
was situated, in consequence of the disturbed state of the coun-
try, and of his having by his exertions made himself obnoxious
to the disaffected there. His life has been threatened, and his
property destroyed. It was therefore directed by the Under
Secretary of State's letter of the 14th Septr., 1825, that Mr.
Raymond should be provided with a suitable appointment, and
that, until means were found for employing him, he and his
family should be furnished by Government with the means of
subsistence.
Immediately on his arrival, he was appointed to the office of Appointment of
Coroner at Parramatta, and subsequently transferred to the ap- coroner and
pointment of Post Master General. It is clear, therefore, that, ^5ter-
under the ordinary regulations Mr. Raymond was not in a condi-
tion to claim a Grant because he was wholly destitute of the
means of bringing Land into cultivation, and, ever since his
arrival in the Colony, he has been employed in the Government
Service.
Mr. Raymond has transmitted in support of his claim a copy Criticism of
of the printed paper, which was usually given to Emigrants, i^cFgSlnt.
bearing date November, 1824, and has accompanied that Docu-
ment with an affidavit setting forth that it was handed to him
at this Office, with an assurance that " himself and Sons would
be entitled to Grants of Land on the terms therein set forth."
The 12th Section of those terms set forth that no Grant was to
be made to any person without purchase, unless the Governor
was satisfied that the Grantee had both the power and the inten-
tion of expending in the cultivation of such Grant a capital
equal to half the estimated value of it.
There is no record of such a promise, as that to which Mr.
Raymond refers, having been made to him; and, as I have
already stated, it was, when he left this Country, clearly not in
his power to fulfil the conditions set forth in the printed Paper.
The length of time which has since elapsed increases the
obstacle to a compliance with his request. You will, therefore, Refusal of
acquaint Mr. Raymond that I regret my inability to authorize land&'rant
a compliance with his application. . I have, &c,
Glenelg.
502
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
16 July.
Transmission
of letter from
J. P. Fawkner.
Object of
letter.
Sir George Gipps to Lord Glenelg.
(Despatch No. 110, per ship Superb; acknowledged by
lord Glenelg, 14th December, 1838.)
My Lord, Government House, 16th July, 1838.
In obedience to Your Lordship's Circular order of the
5th Deer., 1837, I have the honor to forward herewith a copy of
the letter, which was transmitted to Your Lordship direct by
Mr. John Pascoe Fawkner on the 20th July, 1837.
Mr. Fawkner's sole object in forwarding this letter to your
Lordship seems to have been to prevent any further Grant of
land in the neighbourhood of Port Phillip being made to Mr.
Batman, and therefore as a decisive negative was put, not only
upon any further claim from Mr. Batman but on those of all per-
sons connected with him or with the Port Phillip Association,
by your Lordship's Despatch of the 10th July, 1837, No. 341r
approving Sir Eichard Bourke's Despatch No. 121, of the 12th
Novr., 1836, I hope your Lordship will concur with me in think-
ing it unnecessary to go further into the subject.
I have only to add that I have made known to Mr. Fawkner the
substance of that Despatch. I have, &c,
Geo. Gipps.
[A note on the original states that the
warded direct by J. P. Faivkner.~]
enclosure " was for-
17 July
Despatch
acknowledged.
Refusal of
application
from T. Scott.
Lord Glenelg to Sir George Gipps.
(Despatch No. 159, per ship Earl Grey.)
Sir, Downing Street, 17th July, 1838.
I have received your dispatch, No. 36 of the 11th of March
last, enclosing a representation from Mr. Thomas Scott relative
to an Exchange of Land, which he made in the year 1830, but
on account of which he now claims compensation.
It is impossible for me to attempt to judge whether the ex-
change was advantageous to Mr. Scott or the reverse; but, as
the arrangement appears to have been made with his full con-
currence, I cannot now direct any alteration in it.
I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. Ill, per ship Superb; acknowledged by
lord Glenelg, 10th December, 1838.)
My Lord, Government House, 17th. July, 1838.
In obedience to your Lordship's Circular of the 5th Decr.r
1837, I have called upon Mr. Jno. Murray, formerly a Serjeant
in the 50th Regt. and now an outpensioner of Chelsea at Is. ll|d.
17 July.
Transmission
' of memorial
GLENELG TO GIF PS. 503
per diem, for a copy of the letter, which he addressed to your ^888
Lordship on the 3rd July last, and have received in reply the
accompanying Memorial, which bears date the 1st July, 1837
and is addressed to His late Most Gracious Majesty King from J. Murray
Willm. 1th.
In it, Mr. Murray requests a Grant of land in consideration
of his services ; but, as under the present regulations such grants Tentative
are strictly forbidden, 1 have held out to him no hopes of a com- KndgrSnt.
pliance with his Petition, though 1 have told him it will be for-
warded to Your Lordship. I have, &c.,
Geo. Gipps.
[Enclosure.]
[A copy of tliis memorial is not available.]
Lord Glenelg to Sir George Gipps.
(Despatch No. 100, per ship Earl Grey.)
Sir, Downing Street, 18th July, 1838. is July.
I have received Colonel Snodgrass's Dispatch, No. 16 of Despatch
the 2nd of February last, enclosing a representation from the
Judges of the Supreme Court on the subject of their Salaries,
their claim to retiring allowances, and the order of precedence
fixed for the Puisne Judges in the compilation of general Rules
recently published for the information of the Public Func-
tionaries in the various Colonies.
On the first point, you will have the goodness to acquaint those Refusal of
Gentlemen that the information, which I at present possess, Siariesand
would not justify me in recommending to the Lords Commis- retiring
. ■■ tti • -l x" Pensions
sioners of the Treasury to sanction an increase m the rate oi for judges.
Salary, which has been attached to their respective Offices, and
which was not fixed without a due regard to the rank and posi-
tion which they hold; nor can I entertain the application of the
Judges to have retiring Pensions guaranteed to them after a
certain fixed period of Service.
The terms, however, to which they have referred, of the Regula-
tions on this subject, as well as the instances which they cite in
which retiring Pensions have been given to two Judges, are, I
trust, sufficient to satisfy them that, in the contingency which
they contemplate of a Judge becoming incapable from age or
infirmity to discharge the duties of his Office, a fair consideration
would be given to his claim to a reasonable retirement.
With regard to the position assigned to the Puisne Judges in Precedency
the order of precedence laid down in the publication to which fSsne judges.
they refer, it had not previously occurred to me that there was
504
HISTORICAL RECORDS OF AUSTRALIA.
1838.
18 July.
Alteration in
precedency for
puisne judges.
any sufficient reason for departing, in the case of New South
Wales, from the general rule established on this point. That
rule was founded on considerations and analogies drawn from
the corresponding usages of this Country and is in force through-
out most of the Colonial Possessions of Great Britain. As, how-
ever, I should be most unwilling to adopt any measure, which
could lessen the respect in which they are held in the Colony,
and, as they attach importance to the question of precedency,
I am willing to concur in Colonel Snodgrass's recommendation
that they should retain the rank which has hitherto been assigned
to them. I have, &c,
Glenelg.
Sensation
caused by
evidence before
transportation
committee.
Petition
prepared to
contradict
evidence.
Debates in
council on
petition.
Sir George Gipps to Lord Glenelg.
(Despatch No. 112, per ship Superb; acknowledged by lord Glenelg,
3rd December, 1838, and 26th January, 1830. )
My Lord, Government House, 18th July, 1838.
Your Lordship will not, I am sure, be surprised to hear
that the Evidence delivered before the Transportation Committee*
of the House of Commons in the Session of last year has pro-
duced a very considerable sensation in this Colony.
On the 25th May last, a Meeting was held in Sydney to take
into consideration the prejudicial effects which this Evidence
was likely to produce on the Colony and a Petition was then
agreed to, which, though addressed to myself, had for its prayer
the appointment of a Committee of the Legislative Council to
enquire into the working of the system of Transportation and
Assignment, with a view to counteract as far as possible the evil
impressions which may have been produced in England in respect
to the social and moral condition of the Colony.
A Copy of this Petition,! which was signed by 67 Magistrates
and above 500 individuals of great respectability, I have now the
honor to enclose, as also a Copy of the answer which I returned
to it. I have further to report to Your Lordship that, on the
same day on which I received the Petition, vizt., the 26th June
last, I laid it before the Legislative Council, when a debate arose
upon it, which by various adjournments was continued 'till the
9th instt., on which latter day it was decided not to appoint a
Committee, but to express the opinion of the Council on the sub-
ject of the Petition by a string of Resolutions; and I have the
honor now further to enclose a copy of the Resolutions! which
were accordingly adopted yesterday by the Council.
I am happy to be able to report to your Lordship that these
protracted debates in the Council have been conducted with the
Note 20.
t Note 100.
GLENELG TO GIPPS. 505
L838.
L8 July.
Reason?-
igainst
opinions of
members of
council.
greatest degree of propriety and good feeling, and that the prayer
for the appointment of a Committee of Enquiry was negatived
solely from the apprehension, felt by a Majority of the Council,
thai such an enquiry would tend to revive animosities in the appointment
Country, which have now happily in a great degree subsided.
It may be perhaps important for me to add that, of the un- individual
official Members of the Council, two only were decidedly in
favor of a Committee, whilst two others were as decidedly opposed
to it, and that the remaining two (one being absent from the
discussion) were comparatively indifferent as to which method
was adopted. The official part of the Council was also divided in
opinion, and I made no attempt myself to influence the decision
either way.
The Resolutions were adopted in full Council and passed with
very little opposition.^
Your Lordship will perceive it to be the desire of the Council Resolutions
that they should be laid before both Houses of Parliament, and parliament.0
I have consequently to request that your Lordship will have the
kindness to comply with their wishes in this respect.
I have, &c,
Geo. Gipps.
[Enclosures.]
[These papers will he found in the "Votes and Proceedings"
of the legislative council.']
Lord Glexelg to Sir George Gipps.
(Despatch No. 161, per ship Earl Grey.)
Sir, Downing Street, 19th July, 1838. 19 juiy.
Your Predecessor having granted to Major Mitchell, the Extension
Surveyor General of New South Wales, Leave of Absence from aoslnce for
the duties of his office for 18 Months from the 19th of March, t. l. Mitchell.
1837, I have now the honor to acquaint you that I have complied
with an application from Major Mitchell for an extension of his
Leave for one Year. I have, &c,
Glenelg.
Lord Glexelg to Sir George Gipps.
(Despatch No. 162, per ship Portsea.)
Sir, Downing Street, 20 July, 1838. 20 July.
I have received your dispatch No. 37 of the 12th March last, Memorial
enclosing a Memorial from the Executors of the late Mr. John executors of"1
Henderson, praying for a Grant of Land for his Children on the J- Henderson.
506
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 July.
Comparison
of claims of
R. Dawson and
J. Henderson.
Refusal of
land grant.
ground that he was improperly prevented from obtaining a Grant
from General Darling- in the year 1828. You observe on the
apparent similarity between this case and that of Mr. Dawson.
Altho' the two cases are in some respects similar, there are
material distinctions between them.
On referring to Mr. Dawson's Memorial, it appears that, on
making his application to General Darling for a Grant, he was
not absolutely refused but was informed that his application
could not be complied with at that time.
He returned to this Country without abandoning his object,
and, in expectation of its accomplishment, he left a considerable
quantity of Sheep in the Colony, and, on his arrival here, he lost
no time in renewing his application to the Secretary of State.
Under these circumstances, your Predecessor was authorized to
grant him land, if there should still appear to be no conclusive
reason to the contrary.
Mr. Henderson emigrated in the employment of the Australian
Company in a line, which would naturally prevent his attending
sufficiently to the cultivation of a Grant; and, altho' his con-
nection with the Company was dissolved for a time, it was re-
newed, and he continued in their employment until his death.
He does not appear to have received any promise of land from
the Government on emigrating, and he cannot be said to have
emigrated on the faith of receiving land. His claim is not pre-
ferred by himself but by his representatives after his death and
nearly seven years subsequent to the change in the regulations
for the disposal of Crown Land. Under such circumstances, I
feel that I should not be justified in sanctioning a compliance
with the present application. I have, &c,
Glenelg.
Dissatisfaction
at disposal of
immigrants
ex ship
Midlothian.
Sir George Gipps to Lord Glenelg.
(Despatch No. 114, per ship Superb; acknowledged by
lord Glenelg, 4th December, 1838.)
My Lord, Government House, 20th July, 1838.
I think it my duty to report to your Lordship that con-
siderable dissatisfaction has been expressed in this Colony at the
manner in which a number of Emigrants, who reached the Colony
in Deer, last by the ship " Midlothian," were disposed of, they
having been settled as a Body on the River Hunter, and thus
become occupiers of land on their own account, instead of being
forced to work for wages as farm laborers.
GIPPS TO GLENELG. 507
Your Lordship will find that this subject was alluded to in 1S3S
the Memorial, which was presented to me on the 26th June la>t.
and of which I had the honor to forward a Copy with my Des-
patch No. 112 of the 18th inst.
The following are the circumstances of the case: —
On the arrival in New Smith Wales o\' the ship " Midlothian'" Reportre
with Emigrants from the Highlands and Islands of Scotland in immigrants
Deer., 1837, a Petition was presented by the Emigrants, through M^Sthian.
the Revd. Mr. Macintyre who had accompanied them, and the
Revd. Dr. Lang the Senior Presbyterian Chaplain, representing
that they had been induced to emigrate by the hope held out to
them of being enabled to settle in one neighbourhood, so as to
be within reach of religious ordinances administered in their
Native language, the only one understood by four fifths of their
number, and praying that facilities to enable them to do so might
be granted by the Government.
The papers having been laid by the Acting Governor, Colonel
Snodgrass, before the Executive Council, evidence was taken,
by which it appeared that Dr. Lang whilst in England had sug-
gested to the Secretary of State the propriety of granting facili-
ties to Highland Emigrants to enable them to settle together for
the purpose stated; that, on the strength of Sir George Grey's
reply, Dr. Lang had written a Circular letter, which had been
made very widely known, containing an assurance that the Emi-
grants would not be separated after their arrival either from
their Minister or from each other; and that the Revd. Mr. Mac-
intyre, who had come out in the "Midlothian" (and who was
the only Clergyman in the Colony able to speak the Gaelic
language) was the first person in Scotland with whom Dr. Lang
had spoken on the subject.
Under these circumstances, the Council considered that the
faith of the Government was to a certain degree pledged, and
therefore recommended that, if any one or more proprietors in
one District would engage to employ the whole of these Emi-
grants, who were fit for agricultural labor, they should be allowed
means of conveyance to that district at the expense of the Gov-
ernment, with Rations for two months in addition to the month's
allowance granted to them in Sydney.
Negotiations to this effect were accordingly entered into with
two or three Proprietors, and ultimately Mr. Andrew Lang, a
proprietor on the Hunter's River, having offered to receive them
as Tenants on terms acceptable to the emigrants themselves,
twenty one families, comprising 108 souls, proceeded to that
gentleman's estate on the conditions above mentioned in Feby.,
1838.
508
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 July.
Report re
settlement of
immigrants
ex ship
Midlothian.
21 July.
Approval of
mounted police
and officers of
survey for
Port Phillip.
Your Lordship will perceive from this statement that not
only were these families settled in one spot, instead of being
dispersed over the Colony, but that the expense of transporting
them to the Hunter's River and of finding them provisions for
two months, after they had been settled there, was thrown upon
the Colony, and that these emigrants have consequently been
favored more than others, although there is reason to fear they
will prove less useful. I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 164, per ship Portsea.)
Sir, Downing Street, 21 July, 1838.
I have received Colonel Snodgrass's dispatch No. — of
the 23d February last, and I have to convey to you the sanction
of Her Majesty's Government to the appointment of a Sergeant
and six Rank and file of the Mounted Police of New South
Wales for the service of the Settlement at Port Philip and also
an addition of one Assistant and a Clerk to the Survey Depart-
ment in that Province. I have, &c,
Glenelg.
Previous
reports re
outrages by
aborigines.
Continuance
of outrages.
Sir George Gipp.s to Lord Glenelg.
(Despatch No. 115, per ship Superb; acknowledged by
lord Glenelg, 21st December, 1838.)
My Lord, Government House, 21st July, 1838.
In my Despatches of the 25th and 27th April last, Nos. 67
and 68, I informed your Lordship of various outrages, which had
taken place in the remote districts of this Colony beyond what
are called the boundaries of Location, and of the measures which
it was then my intention to adopt.
In the Despatch of the 25th April, I stated that an enquiry
was about to be instituted at Invermein into the circumstances,
under which a number of the Aborigines lost their lives in a
rencontre with a party of the Mounted Police under the command
of Major Nunn, and, in that of the 27th, I informed your Lord-
ship of my intention to issue a Government Notice on the
subject, though in a Postscript to the same I stated that, in
consequence of events which had come to my knowledge since
the Notice was prepared, I had been induced to suspend the
issue of it for a few weeks.
I lament now to have to state to your Lordship that, in conse-
quence of the continuance of similar outrages, the calls for the
services of the Mounted Police have been so constant that I have
GIPPS TO GLEXELG. 509
not been able to spare the men. who would have been required as ix:;s
i i • j-- . t i j.i 21 July,
witnesses m the proposed investigation at lnvermem, also that,
under the advice of the Executive Council, I have refrained from jj^dtoqafe
issuing the proposed Notice on account of the degree to which or publish
the Public mind continues to be exasperated against the Blacks.
On the 18th ulto., a Memorial was transmitted to me by a Memorial from
number of gentlemen interested in the opening of the Country pJ^phSiip
near Port Phillip, of which I enclose a Copy; but, in so doing,
as well as in transmitting to your Lordship a copy of my answer
to it, it is necessary that I should explain to your Lordship that
some of the gentlemen, who signed this Memorial, had previously
waited upon me and requested that I would either myself levy Punitive
war against the Blacks, or sanction the enrolment of a Militia JJSJSJIJ.
for that purpose and allow them to be supplied with Arms and
Munitions of War from Her Majesty's stores; and that it was
(as I presume) in consequence of my declining to do either, that
their subsequent Memorial was, contrary to usual practice,
addressed to the Governor and the Executive Council instead of
the Governor alone.
I have the honor to enclose a short abstract of the principal Summary of
outrages between Blacks and Whites which have been reported aborifines?
in the last three months. Your Lordship will observe that a
large proportion of these acts of violence occurred in the neigh-
bourhood of Port Phillip, or on the road between the settled
parts of the Colony and that place; the reason of which is that
large herds of Cattle and flocks of sheep have been recently
driven through these extensive tracts of Country, with a very in-
sufficient number of people to guard them, often not more than
in the proportion of one man to several hundred sheep; That,
under these circumstances, predatory attacks should have been
made on them by the Natives, does not I must say appear to me
in the least degree to be wondered at.
Your Lordship must be aware that it is quite out of the power inability to
of this Government to give to the proprietors or their Flocks the grant protec-
-,,. .,, -ii /. tion desired
protection they desire; even it we were restrained by no sense of by graziers,
humanity towards the Blacks, the resources of the Government
would be quite insufficient to keep Military parties always in
advance of persons, who are migrating in search of pasturage,
advancing often 50 miles in a single season, and in the case
of Port Phillip having stretched to a distance beyond our former
limits of between three and four hundred miles in the last three
years.
If Proprietors, for the sake of obtaining better pasturage for Extension of
their increasing flocks, will venture with them to such a distance ^azmg at risk
m 01 gIuZ161 S.
irom protection, they must be considered to run the same risk
510
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
21 July.
Extension of
grazing at risk
of graziers.
Locality of
outrages.
Military posts
proposed
on road to
Port Phillip.
Attack on
overlanding
oarty of
G. Faithfull.
Encounter of
mounted police
with
aborigines.
as men would do, who were to drive their sheep into a Country
infested with wolves, with this difference however that, if they
were really wolves, the Government would encourage the shep-
herds to combine and destroy them, whilst all we can now do is
to raise, in the name of Justice and humanity, a voice in favor
of our poor savage fellow creatures, too feeble to be heard at such
a distance.
Your Lordship will not fail to observe that, of the outrages
enumerated in the accompanying list, some took place two or
three hundred miles to the North of Sydney, others at more
than 500 miles to the South, and some (at Geelong, the Western
limit of Port Phillip) at a still greater distance.
In order to keep open the communication between Sydney and
Port Phillip, it is my intention, with the concurrence of the
officer in command of Her Majesty's Troops, to establish Mili-
tary Posts on the road; and I forward a sketch on which the
places of these proposed posts are marked, they being, as your
Lordship will perceive, the places where the road crosses the fol-
lowing streams on the way, vizt., the Murray, the Ovens, the
Violet Creek, and the Goulburn.
It was between the Violet Creek and the Ovens, and at a dis-
tance of 400 miles from Sydney, that the attack* was made on
Mr. Faithfull' s Convoy of sheep and Cattle on the 11th April
last, in which seven of his men were killed, and all the rest
dispersed. These men (who were chiefly convicts) did not defend
themselves, but ran at the first appearance of their assailants,
though, as there were 15 of them with fire arms in their hands,
they ought to have beaten off any numbers however great of
naked savages.
As soon as information reached me of this aggression, I sent
a Magistrate with a party of the Mounted Police to the spot;
but, after a fruitless search of 41 days, they returned without
having seen a single native. I thought it right to send a Civil
Magistrate with the party, and I have the honor to enclose to
your Lordship a copy of the Instructions with which I furnished
him.
The 3rd outrage enumerated in the List, which I lay before
your Lordship, is one, I lament to say, committed not by the
Blacks, but on them. As yet I have received no official report of
the circumstances of the case, though I have in like manner, as
in the one just mentioned, sent a Civil Magistrate and a Party
of Mounted Police to enquire into it, and collect evidence in
order to bring if possible the offenders to justice. There is too
much reason to fear that in this case twenty two human beings,
including several women and children, have been deliberately put
Note 83.
GLENELG TO GIPPS. 511
to death by a party of white men, and this occurrence happened i 838.
not in the Qeighbourhood of the spot, where the attack on Mr.
Faithfull's men was made, but a distance* o( perhaps 500 miles
to the North of it. I have, &c,
Geo. Gipps.
T Enclosures.]
[Copies of these papers will be found in a volume in series III.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 1 •'»."), per ship Portsea.)
Sir, Downing Street, 23 July, 1838. 2* J^'-
I have received Colonel Snodgrass' dispatch No. 28 of the Despatch
,__, -i-, i i ,i i c ,i on • -if -,i acknowledged.
22d February last, reporting the arrival oi the Ship Minerva with
Emigrants sent out by private Individuals on Government
Bounties and communicating the circumstance that the preval-
ence of a contagious fever on board that Vessel had rendered it
necessary to place the Vessel and passengers under Quarantine.
I have read this report with much regret. I trust that the
bounty was not paid except in respect of Passengers actually
landed. It should be generally made known by the local Govern- Conditions for
ment that such is the condition on which alone the bounty can bounties on
be obtained. It would further appear desirable to adopt some immigrants,
measures for imposing on persons, importing Emigrants with a
view to the Bounty, such conditions as may appear from experi-
ence to be best adapted for the security of their lives and health
during the voyage. Those conditions should be as nearly as pos-
sible in conformity with such as are imposed on Ship Owners
removing Emigrants from this Country under the authority of
the Agent General for Emigration. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 166. per ship Portsea.)
Sir, Downing Street, 24 July, 1838. 24 July.
I have the honor to transmit to you a copy of a communi- Transmission of
cation which has been addressed to me by Sir K. Bourke, with a ZI'Tf^ZI
Memorial from Mr. A. T. Faunce, praying to be relieved from
the consequences of Legal proceedings instituted against him for
Acts performed in his character of a Police Magistrate, together
■with a copy of the answer, which has been returned by my direc-
tion to Sir K. Bourke's communication; and the substance of
which you will make known to Mr. Faunce. I have, &c.,
Glenelg.
*Note 82.
favour of
A. T. Faunce,
512 HISTORICAL RECORDS OF AUSTRALIA.
1S3S. r Enclosure No. 1.]
24 July.
Sir Richard Bourke to Lord Glenelg.
11 Wilton Street,
My Lord, Grosvenor Place, 14th July, 1838.
•Application. I have the honor to inform your Lordship that, upon my
for relief rgUn°e having New South Wales (I believe upon the day previous to my
loss sustained embarkation), the accompanying Memorial* was presented to me at
as magistrate. Sydney by A. T. Faunce, Esq., late a Captain in the 4th Regiment
of Foot and now a Police Magistrate in the Colony, with an earnest
request that I would bring his case under your Lordship's notice.
It is fully detailed in the Memorial and is further explained and
corroborated in a letter from the Attorney General to the Colonial
Secretary attached to that Document. I would particularly beg
your Lordship's attention to the Attorney General's letter, and if.
upon the grounds therein stated, it shall be found possible to relieve
Captain Faunce from any part of the loss to which he has been
subjected by the excessive damages referred to, your Lordship's
considerate interference will be exercised in behalf of a Person,
whom I can with great truth recommend as a very zealous and well
meaning Magistrate.
Testimony In the accompanying Memorial reference is made to one from
the District of Brisbane Water, which through some mistake has
not been forwarded. I can, however, state that I have perused it,
and that it speaks in the highest terms of the conduct of Captain
Faunce as Police Magistrate of the District, and is, as I have been
told and believe, signed by every Landowner in the District, except-
ing the three gentlemen who were Plaintiffs in the action against
him. I have, &c,
Richd. Bourke.
[Enclosure No. 2.1
Sir George Grey to Sir Kichard Bourke.
Sir, Downing Street, 24th July, 1838.
Letter I am directed by Lord Glenelg to acknowledge the receipt of
acknowledged, your Letter of the 14th Instant, enclosing a Memorial from Mr.
A. T. Faunce, a Police Magistrate of New South Wales, praying to
be indemnified from the costs arising out of certain Legal pro-
ceedings instituted against him for acts performed in his character
of Magistrate.
inability to Lord Glenelg extremely regrets that he finds himself unable to
interfere in this matter; first, because, in the absence of any con-
trary opinion from the Judges, he must assume that the verdicts
pronounced in this case were substantially right; and secondly,
because the Defendant does not appear to have availed himself
of the means open to him of anticipating the Verdicts by a tender
of amends or of preventing the second and third by a special
application for a change of the Jury, or of reducing the amount by
applying for new Trials.
Lord Glenelg has transmitted copies of this correspondence to
Governor Sir George Gipps. I have, &c,
Geo. Grey.
* Note 14.
grant relief.
GLENELG TO GIPPS. 513
Lord Glenelg to Sib George Gipps. i|J8.
i 1 ►espatch No. L67, per ship Alfred.)
Sir. Downing Street, 28 July, 1838.
A Communication has been received from the Foreign De- Appointment of
partment enclosing a Commission forwarded to Viscount Palmer- asFrench
ston by Count Sebastiani, the French Ambassador at this Court, £Jf$*re*«ent
appointing Mr. William Thomas Arnold to act as French Con-
sular Agent at Sydney.
Having taken an opportunity of consulting Sir Richard Bourke
on the subject, I have been informed in reply that he has no par-
ticular knowledge of Mr. Arnold, but that, understanding that
he is Partner in the House of Mr. George Porter of Sydney, he
apprehends that there can be no objection to confirm the Ap-
pointment. 1 have, therefore, to convey to you Her Majesty's
authority for enabling Mr. Arnold to enter upon the duties of his
Situation, if you should see no objection to the confirmation of
his appointment. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg,
(Despatch No. 117, per ship Kinnear; acknowledged by
lord Glenelg, 25th January. 1839.)
My Lord, Government House, 28th July, 1838.
With reference to the latter part of your Lordship's Des- Arrival of
patch. Xo. 46 of the 14th Deer., 1837, I have the honor to report at Sydney.
to your Lordship that Mr. J. D. Pinnock arrived in Port Jackson
on the 1st July ; but, as the vessel in which he came, the " Amelia
Thompson,'' had to perform Quarantine, he did not reach Sydney
until the 23rd July.
I have appointed Mr. Pinnock Agent for Emigration agree- Appointment
as agent for
ably to your Lordship's intentions, and have assigned to him a imnugrat
salary of £500 a year, subject however to your Lordship's approval
and on the understanding that the appointment may not pos-
sibly prove a permanent one. I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 168, per ship Alfred.)
Sir, Downing Street, 30 July, 1838. 30 July.
I have received Colonel Snodgrass's dispatch Xo. 13 of Despatch
the 13th January last, covering an application from the Bishop acknowledsecT-
of Australia for Eighteen Clergymen of the Church of England
in addition to nine, who had actually arrived or were expected at
the date of his Lordship's letter.
See. I. Vol. XIX— 2 K
514
HISTORICAL RECORDS OF AUSTRALIA.
1838.
30 July.
Clergy to be
selected.
I enclose, for your information and guidance, a Copy of the
correspondence on this subject with the Society for the Pro-
pagation of the Gospel, by which you will perceive that the So-
ciety will use their best endeavours to select a certain number of
additional Clergymen duly qualified for appointments in the
Colony under your government. I have, &c,
Glexelg.
Application tor
additional
clergy.
Possibility of
nomination of
clergy.
Letter
acknowledged.
Clergy to be
selected.
[Enclosure No. 1.]
Sir George Grey to Revd. A. M. Campbell.
Sir, Downing Street, 19th June, 1838.
I am directed by Lord Glenelg to transmit to you, to be laid
before the Society for the propagation of the Gospel, the enclosed
Copy of a Letter, which has been received at this Department
through the acting Governor of New South Wales, covering an
application from the Bishop of Australia for Eighteen Clergymen
of the Church of England in addition to nine, who had actually
arrived, or were expected at the date of his Lordship's letter.
If, from the whole number of twenty-seven Clergymen thus
applied for, is deducted the number of fifteen who have already
been selected by the Society, there will still remain twelve to be
supplied ; and I am to request that you will inform me whether
there is reason to believe that the Society will be enabled to re-
commend that number within an early period. I am, &c.
Geo. Grev.
[Enclosure No. 2.]
Revd. A. M. Campbell to Sir George Grey.
Society for the Propagation of the Gospel,
Sir, Trafalgar Square, 21st July, 1838.
I am directed to acknowledge the receipt of your letter of the
19th of June, enquiring whether the Society would undertake to
provide and recommend to Lord Glenelg for chaplaincies in New
South Wales twelve clergymen of the Church of England, which
number had been applied for by the Bishop of Australia in addition
to the fifteen chaplains already appointed for that Colony. In reply.
I am to inform yon that the Society has resolved to use its best
endeavours to select twelve additional Clergymen fitted for the
service in question, and. after due enquiry into their characters and
qualifications, to recommend them to Lord Glenelg for appointment
to the Ecclesiastical establishment of New South Wales.
I am, &c,
A. M. Campbell.
31 July.
Two police
magistrates to
be appointed
in England.
Lord Glenelg to Sir George Gipps.
(Despatch No. 169, per ship Alfred.)
Sir, Downing Street, 31 July, 1838.
As it is my intention to select two Gentlemen in this
Country to fill the Office of Police Magistrate in New South
Wales, I think it right to appirze you of that Circumstance, and
GLENELG TO GIPPS. 515
to request that, if any two Vacancies should occur in the List 8ijJ'iv
of Police Magistrates, you will report the circumstance, and
that the Appointments may be only provisionally filled up.
I have, &c,
Glenelg.
Lord Glenelg to Sir George < ripps.
(Despatch No. 170. per ship Alfred.)
Sir, Downing Street, 31 July, 1838.
I have received your dispatch No. 35 of the 9th March Despatch
last, respecting an advance which you had authorised to he made aCxlKm ec^e<-
to the Commander of the French Corvette. "La Heroine" to
enable him to defray the expenses of his Vessel during his stay
at Sydney.
1 enclose for your information and guidance the copy of a
Letter from the Board of Treasury, stating that the necessary
steps will be taken for the recovery of the sum advanced from
the French Government, and pointing out a more regular mode
of proceeding in any analogous case, than that which was adopted
in the present instance. I have, &c,
GlEXELCx.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers, 27th July. 1838.
The Lords Commissioners of Her Majesty's Treasury having Approval by
had before them the application from the Commander of the treasury of
French Corvette " L' Heroine" for an advance to enable him to GeciUef °
defray the expenses of his vessel during his stay at Sydney, trans-
mitted with the letter from the Governor of New South Wales.
reporting that he hud given directions, in compliance with the
request of the Capitaine Oecille to the Deputy Commissary General,
in your letter of the 10th Instant. I have received their Lordships'
commands to request you will state to Lord Glenelg that they see
no reason to object to this advance having been made, and they will
cause the requisite steps to be taken for the recovery thereof from
the French Government, upon the receipt from the Commissariat
Officer of the Bills or other vouchers for the advance.
I am. at the same time, to request you will observe to Lord instructions
Glenelg that, as this issue from the .Military Chest at New South resimilar
Wales was not made on account of any Convict Service, for which fn^JJuJ,
alone the Civil Governor is properly authorized to direct payments
by the Commissariat, it would have been more regular that the
Order to the Commissary should have been given by the Officer
Commanding the Troops on a communication to him from the
Governor.
I am therefore directed to suggest that an intimation to this
effect should be conveyed to Sir George Gipps, for his guidance in
the event of any analogous case occurring. I am, &c,
A. Y. Spearman.
516
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
lAug
Advance for
emigration
Lord Glenelg to Sir George Gipps.
(Despatch No. 171, per ship Alfred; acknowledged by
Sir George Gipps, 23rd February, 1839.)
Sir, Downing Street, 1 August, 1838.
I have the honor to acquaint you that the Lords Commis-
sioners of the Treasury have directed a further issue of Ten
thousand Pounds to be made to the Agent General for New
South Wales on account of the Emigration Service of the Colony.
You will therefore take measures for repaying that amount into
the Military Chest of New South Wales. I am, &c,
Glenelg.
Transmission
of memorial
from
W. Morgan.
Request re
remission of
quit rent
and purchase
of land.
Denial of claim
to remission of
quit rents.
Objections to
promissory
notes of
immigrants
for purchase
of land.
Sir George Gipps to Lord Glenelg .
(Despatch No. 118. per ship Marinas: acknowledged by
marquess of Normanby, 3rd March, 1830.)
My Lord, Government House, 1st August, 1838.
I have the honor to forward herewith a Memorial, which
has been addressed to your Lordship by Mr. Willm. Morgan,
who, as agent for Mr. Edward Walkinshaw of Liverpool, was
engaged some years since in bringing Emigrants from England
to New South Wales.
In consideration of services alleged to have been rendered to
the Colony in this capacity, Mr. Morgan asks for a remission
of Quit rents to the amount of £21 6s. 8d. per annum, with which
land obtained by him gratuitously in the Colony is chargeable.
Mr. Morgan also asks to be allowed to take out in land, at the
minimum price of 5s. per acre, the amount of certain promissory
Notes (with interest) which he holds from some of the Emi-
grants brought out by him, but which he alleges he cannot re-
cover in consequence of a remission having been made of debts
of a similar nature due by Emigrants to the Government under
a Notice* of the 3rd Novr., 1835, which is also quoted by Mr.
Morgan in his Memorial.
On the first of these applications, I have to remark that Mr.
Morgan has been repeatedly told that, as he was an Agent only
and not a Principal in the transaction, he can have no claim
for the remission of Quit rents under the Government Notice
quoted by him of the 26th Augt., 1831, and more particularly as
Bounties were paid on the importation of these very Emigrants.
On the second claim in Mr. Morgan's Memorial, or that which
relates to payment by the Government of the Promissory Notes,
which he (as Agent for Mr. Walkinshaw) holds from certain
Emigrants, I have to observe that the speculation, upon which
these obligations were incurred, was entered into by Mi-. Morgan
or his Principals like any other mercantile speculation at their
* Note 101.
GIPPS TO GLENELG. 517
own risk, for their own profit, with their eyes open, and without 1838.
any guarantee or stipulation whatever with or by the Govern- __'
nient. The Notice in question has no reference whatever to pJjJjffoJjSi*0
private Speculations or private debts; it was published because notes of
found expedient and equitable in the progress of the plans for forpurchase
promoting Emigration; and even if it should have had the effect otl'11"1-
stated, which however is very questionable, as it may be very
strongly doubted whether the sums in question would ever have
been recovered though no such Notice had appeared, I do not
perceive that the Government is in any way responsible for that
effect, or hound to make good the deficiency in the receipts alleged
to be caused by it. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this memorial is not available.]
Lord Glenelg to Sir George Gipps.
i Despatch No. IT."., per ship Alfred.)
Sir, Downing Street, 3d August, 1838. 3 Aug.
I have the honor to acquaint you, with reference to my Allowance for
despat«h No. 89 of the 13th of March last, that I have authorized schoof°f
the Agent General for Xew South Wales to issue to Mrs. O'Brien mistresses.
and Miss Carter, who are proceeding* to the Colony as Teachers,
an allowance of Forty Pounds each to defray the expense of
their passage. I have, &c,
Glenelg.
Sir George Gipps to Lord Glexelg.
(Despatch No. 119, per ship Marinus; acknowledged by
marquess of Normanby, 6th March, 1839.)
My Lord. Government House, 3rd August, 1838.
I have had the honor to receive your Lordship's Despatch Despatch
of the 26th Octt., 1837, No. 15, transmitting to me further copies
of a correspondence with Mr. Eobt. Dawson respecting that
gentleman's claim to land in Xew South Wales, and remarking
that no answer had been received to your Lordship's former Des-
patch, addressed to my Predecessor on the same subject on the
15th Septt., 1835; in reply to which, I have the honor to state
that, although there is no record of a Despatch from Sir Richard
Bourke expressly in answer to your Lordship's Despatch of the
date above mentioned, full information with respect to Mr. Daw-
son's claim was transmitted by my Predecessor on the 7th June,
1837, in a Despatch No. 41 relating to a somewhat similar claim transmitted by
preferred by Mr. Wm. Barton, and at the same time the Minutes Sn R' Bou,ke-
acknowledged.
Details re
claims of
R. Dawson
518
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
3 Aug.
Details re
claims of
R. Dawson
transmitted by
Sii' R. Bourke.
Criticism of
claim of
R. Dawson.
Decision by
executive
council.
Possession
of capital
claimed by
K. Dawson.
Basis of
present claim.
made by the Executive Council on the claims of Mr. Dawson
were transmitted to your Lordship. The claims of Mr. Dawson
seem to me to have been very maturely considered by the Council,
and, as no new facts are now brought forward by Mr. Dawson,
it would not be necessary for me to trouble your Lordship with
any further remarks, were it not that much stress is laid by
Mr. Dawson upon his not having got the land which he originally
applied for. Mr. Dawson however could not possibly in any case
have had that land, for a portion of it was included in 1,000
acres purchased by Mr. D. McLeod under an order dated in 1825,
and the remainder included in 640 acres, selected under a regular
authority on the 31st May, 1828, by a person who would have
taken precedence of Mr. Dawson, even if his first application had
been admitted; for, though that application was dated the
3rd May, the forms of office alone would have caused a delay
more than sufficient to put him behind the person who got pos-
session of the land on the 31st of the same month.
General Darling's first Minute on Mr. Dawson's claim is in
fact dated the 16th June following; so that it is quite clear that
Mr. Dawson could in no case have had the land he applied for,
though it is certainly not to be denied that there would have
been a wider extent of land open to his selection in 1828 than
there was in 1836.
The Executive Council declined to go into the question of
what the amount might have been of Capital possessed by Mr.
Dawson in 1828, considering that, in granting him the whole
quantity of land which he asked for in 1828, they fully acted up
to the intentions of your Lordship, as communicated in your
Lordship's Despatch of the 15th Sept., 1835. That quantity of
land, vizt., 1,280 acres, has been selected by Mr. Dawson's Agent,
and is now in his possession. It may be however remarked that
the schedule of Capital, given in by Mr. Dawson in the year 1836,
wrould scarcely go to substantiate his claim to a larger grant than
what he has actually obtained; for in it his sheep and cattle
were rated very highly, and the Certificates of Messrs. Spark and
Icly, included in the schedule of which I forward a Copy, were
no proofs of Capital. The amount of Capital, required for a
Maximum Grant in 1828, was £2,000, and, if Mr. Dawson's sche-
dule had been reduced only in the way which I think it ought to
have been, the amount (without any off set whatever for debts
or obligations) would have fallen short of that sum.
The question moreover, your Lordship will not fail to observe,
is now argued as if it were admitted that any person, coining
to the Colony in 1828, could upon producing proof of a cer-
tain amount of Capital demand of the Governor as of right a
GIPPS TO GLENELG. 519
proportionate grant of land, which however, as far as 1 can learn, 1888.
oever has been admitted, and never was the ease. The Governor '
was not only a1 liberty, but it was his duty to see that land ^f(jfonary
was not given to improper persons, and as Mr. Dawson either governor in
ii , i« • i j- ,i granting land.
had been or was supposed to have been dismissed trom the ser-
vice of the Australian Agricultural Company, sufficient reason
might perhaps be found therein for General Darling's having
refused to entertain his claim.
I enclose a Copy of a letter, which was addressed by Mr.
R. Dawson, Junr., to the Secretary of this Colony on the 24th
June, 1836, appended to which is the schedule to which I have
referred. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. R. B. Dawson to Colonial Secretary.*
Sir. Ratagan, Hunter's River, 24th June. 1S3G.
I hail the honor to address you on the 29th March last, with
an Application for twelve hundred and Eighty Acres of Land, in
addition to the two Sections lately granted to my Father.
Since the date of the above mentioned Application, the arrival Transmission
of Mr. F. B. Mowle. late of the firm of Messrs. Isaac Bunn and of statement
Toy., who were my Father's Agents in the Colony, has put it in my r. Dawson,
power to furnish the Government with a correct Statement of the
amount of my Father's Capital at the time of his application in the
year 1828.
Enclosed is an attested Statement of the balance, which he had
in the hands of Mr. Bunn in the Year 1828, amounting to Five
hundred and twenty Pounds i £.?Ji 1 1 . and also a return of Sheep and
Horses in the charge of Mr. Macleod of Ratagan, Hunters River,
their net.t Value amounting to Twelve hundred and thirty four
pounds (£1.^34).
These with the accompanying Certificate from Messrs. Icely and
A. B. Spark, both at that time Merchants in Sydney, attesting their
willingness to Cash my Father's Bills on England to the amount of
One thousand Founds (£1,000) will Shew that he could, with his
Stock and balance on hands, have proved a Capital to the amount
of two thousand seven hundred and fifty four pounds (£2.754) had
he been called upon by the Government in the year 1828 to establish
his Claim.
Referring to the purchases of the Australian Agricultural Com-
pany from the year 1826 to 1828 of Crossbred Sheep from the
Messrs. MacArthurs. Bowman. Hawkins. Icely. Rankin, Winder and
others, at from three Founds to upwards of four Guineas per Head,
I submit that the Valuation of my Father's flocks is rather under
than above their full worth at that time, they being of the finest
quality of Wool.
I therefore trust that His Excellency will be pleased to take my
Father's ease into further consideration and that, on this con-
clusive evidence. He will see fit to allow him the additional quan-
tity of Land solicited. I have. &c„
Robert B. Dawson.
* Note 102.
520
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
3 Aug.
Statement of
credit balance
of R. Dawson.
Return of
Mve stock of
R. "Dawson.
Certificate
're finances
of R. Dawson.
[Sub-enclosure No. 1.]
Extract from the Books of the late George Bunn, Esquire, in
Account with Robert Dawson, Esquire, late Chief Agent of the
Australian Agricultural Company at Port Stephens.
1827. £ s. d.
just 5th .... Amount received from Australian Agricultural Corn-
Bills
Am
1828. pany on Mr. Dawson's account ,
May 2Sth Amount of Australian Agricultural
your favor
„ „ Do
July Cash, Allison's Order
August Amount of Bills on England say Joseph Dawson .
do. on A. P. Onslow
0 0
Coy.
Do"
200
150
15
65
15
I hereby Certify that th£ above
Bunn, Esquire, and the Amounts
Bunn from the 5th August, 1827;
£520 8 0
of the late George
the hands of Mr.
s a true extract from the Book
at Mr. Dawson's Credit were i
to 8th November, 1828.
E. B. Mowle.
Acting Executor of the late George Bui
[Sub-enclosure No. 2.]
Returns of Sheep and Horses the Property of Robert Dawson,
Esquire, late Chief Agent of the Australian Agricultural Com-
pany, in the charge of Alexander McLeod, Esquire, of Ratagan.
Hunter's River, in May, 1828, and their Value affixed according
to the Current prices at that time.
£
Ewes in Lamb by pure Saxon Rams, 219 at £3 657
Do. Maiden, 60 at £3 180
Wethers, 92 at £1 92
Rams of the Pure Saxon breed, 6 at £10 60
Mares in Foal, 3 @ £50 150
Horses, 2 @ £40 80
Colts, 1 @ £15 15
• £1,234 0 0
I hereby certify that the above is a true and correct return of the number a
value of Mr. Dawson's Stock under my charge in May, 1828.
Alexr. MacLeod.
[Sub-enclosure No. 3.]
Statement by Messrs. A. B. Sparke and T. Icely.
Sydney, 13th June, 1S36.
We the undersigned do hereby Certify that any bills on Eng-land, drawn in the year
1828, by Mr. Robert Dawson, late Chief Agent of the Australian Agricultural Com-
pany, would have been cashed by us had we required them, to the amount of £1,000
(One thousand Pounds) believing that such Bills would have been honored to their
full extent. A. B. Sparke.
Thomas Icely.
6 Aug.
Claims by
J. R. Brenan to
employment.
Lord Glenelg to Sir George Gipps.
(Despatch No. 174, per ship Alfred.)
Sir, Downing Street, 6 August, 1838.
I have had under my consideration Sir Kichard Bourke's
Despatch No. 71 of the 29th July, 1837, on the subject of Mr.
Ryan Brenan's claims to employment under the Colonial Gov-
ernment in consequence of the expectations held out to him by
Lord Ripon in the year 1833 at the recommendation of Mr.
Spring Rice and Lord Anglesea.
GIPPS TO GLENELG. 521
I shall always be happy when it is in my power to fulfil the
expectations and to act on assurances which may have been held
our by my Predecessors; and it is unfortunate for Mr. Brenan
that ho has been twice disappointed of being confirmed in Ap-
pointments to which he was provisionally nominated. Once by Disappoint-
the arrangement, which, while .Mr. Spring Rice himself held the j. r. Brenan.
Seals of this Department, was made in order to provide for the
execution of the Office of Crown Solicitor, and subsequently by
an appointment which I made of a Gentleman from this Country
to till the Office of Principal Superintendent of Convicts.
I very much regret the disappointment, which Mr. Brenan has
experienced, altho' it appears from the letters relating to his
Leaving this country that his principal object in going to New
South Wales was to become a S^nler there.
Under all circumstances however, I feel pleasure in autho- Appointment
rising yen to offer to Mr. Brenan the office of Clerk of the Crown portVhliiip.
at Port Philip, the Salary of which has been fixed at €400 a year.
I have, &c,
Glenelg.
Sib George Gipps to Lord Glexelc
(Despatch X<>. 120, per ship Marinas: acknowledged by
marquess of Normanby, 6th March. 1839.)
My Lord, Government House, 6th August, 1838.
I have the honor' to forward herewith a Memorial, which Transmission of
has been addressed to your Lordship by Mr. F. Flanagan, praying "^anaian01"
for an Additional Grant of land, which has been refused to him
by the Local Government in consequence of his own neglect in
not making his application in proper time.
Mr. Flanagan, being a Settler under the orders of 1827 and Reasons for
having complied with the conditions required by them, would jSdimurt.
have been entitled to an Additional Grant, if his application had
been sent in before the 31st Deer., 1837 ; but his application was
made only on the 6th June, 1838, nearly a year after the Notice
requiring claims for additional Grants to be sent in by the
31st Deer., 1837, was published in the Colony.
Your Lordship will perceive that Mr. Flanagan attempts to Reasons of
account for his delay by stating that he resides at a great dis- foY^iay^in"
tance from the seat of Government, and that he is frequently application,
months at a time without receiving news from Sydney; but
Mr. Flanagan nevertheless acknowledges that he did get intima-
tion of the Government Notice on the Eve of Christmas day,
and therefore his not writing to the Government for nearly six
months afterwards must surely I think be charged on him as
"negligence.
522
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
6 Aug.
Reasons for
refusal of
land grant.
Notice issued
re claims to
land grants.
Distance of
residence of
F. Flanagan.
Memorial of
F. Flanagan
soliciting
land grant.
It being your Lordship's instructions that, in all cases of addi-
tional grants, the Regulations are to be construed strictly, I
have not thought it within my power to set them aside in this
case, especially as the falling off in our Land Revenue must be
in great measure attributed to the fact of a very large quantity of
land having been given away in additional grants during the
course of the last year.
The only case, which can be quoted as a precedent in favor of
Mr. Flanagan, is one in which a Mr. Mclntyre was allowed an
additional Grant by the late acting Governor; in his case how-
ever, the delay was only of six days instead of six months; and
I must further observe that, if Mr. Flanagan's Petition be
granted, it is impossible to sa3~ how many more claimants may be
let in by it.
I enclose a Copy of the Government Notice, issued in this
Colony on the 27th June, 1837, by which it was required that
all claims should be sent in by the 31st Deer, in the same year.
The right of the Local Government to issue such an order may
possibly be doubted, though, unless some period had been fixed
for the receipt of applications, the greatest inconvenience might
have ensued.
The best argument to be adduced in favor of Mr. Flanagan is
that he resides 200 miles from Sydney, and at a distance of
50 miles from the nearest Post, and it is for your Lordship to say
whether under these circumstances his claim should be admitted.
I have, &c,
Geo. Gipps.
[Enclosure.]
The Humble Memorial of Francis Flannagan, of Pargago Flat,
in the County of St. Vincent, and Colony of New South
Wales, Farmer and Grazier,
To Her Majesty's Principal Secretary of State for the Colonial
Department,
Sheweth,
1. That, in the month of May. 1827, your Memorialist emi-
grated from Great Britain to the Colony aforesaid for the purpose
of permanently settling therein as an Agriculturist, on the faith
of the Regulations then in force for the granting of Crown Lands.
2. That your Memorialist arrived in the said Colony in the month
of November in the same year, bringing with him a bona fide capital,
entitling him under the said Regulations to a Maximum Primary
Grant of four sections, or two thousand five hundred and sixty
(2,560) Acres.
3. That, by two letters from the Honorable the Colonial Secretary,
each dated the 24 July. 1S20. your Memorialist was authorised to
take possession of two portions of land, of twelve hundred and
eighty (1.280) acres each, both situate at Pagago Flat aforesaid,
and adjoining each other.
GIPPS TO GLENELG. 523
4. Th.-u one of the said portions was given to your Memorialist 183S.
as an Immediate Grant, and the Other as a Reserve, with a written 6 Aug.
promise under the hand of the Colonial Secretary in the following MemoriaTof
words, namely: — F.Flanagan
"This Reserve will be confirmed as a Grant, provided it shall soliciting
appear, at the end of twelve months, that you are settled land grant.
on the land."
5. That your Memorialist having strictly complied with the condi-
tions of the said promise, the two said several portions became
thereby consolidated into the Primary Maximum Grant to which
his capital entitled him at the outset, hut which was thus divided
because, as your Memorialist understood. His Excellency had some
doubt as to his intention to settle upon the land.
(>. That the said Primary Grant is the only land your Memorialist
has ever received from the Government.
7. That your Memorialist has continued to reside upon the said
land from the date of his obtaining possession thereof to the present
time.
8. That, at the end of seven years from the date of possession,
your Memorialist had made permanent improvements on his said
Grant to a large extent, consisting of upwards of four hundred
(400) Acres cleared, and under cultivation; about twelve miles of
fence: eighl miles of bush road: three bridges; dwelling house,
stores, stables, barn, dairy, stock-yards, and divers other premises;
in which improvements he sunk a capital exceeding three thousand
pounds (£3,000) sterling, being considerably more than five times
the value of the land, estimated by the Government Notice of
27th June. 1837, at three shillings and four pence an acre.
9. That, at the end of the said seven years, your Memorialist
was possessed of a bona fide capital, exceeding seven thousand
pounds (£7.000). consisting of —
Horned Cattle, upwards of 800 head, valued at £.1 p.
head £4.000
Horses. 12 (superior breed), valued at £40 p. head . . . 480
Pigs, 200. value at £1 p. head 200
Implements of Husbandry 200
Cash ' 600
Real Estate 2,000
£7.4*0
Any requisite portion of which capital was applicable to the
improvement of an additional Grant. His Capital is at the present
time considerably greater than it was then, and is equally applic-
able to such improvement.
10. That your Memorialist is not aware that he is indebted to
the Government for Quit Rent, the Deeds of Grant of his said
land not having yet issued.
11. That your Memorialist has thus complied with all the condi-
tions upon which Additional Grants were promised by His Majesty's
Government in the Regulations of 1S2G-7.
12. That, before the expiration of the aforesaid term of seven
years, the new Regulations of His Majesty's Government of June.
1831, abolishing the system of alienating Crown Lands otherwise
than by sale, came into operation, and from the absolute and un-
conditional terms in which they were promulgated by the local
Government (Vide Appendix A) lie was led to understand, in common
524 HISTORICAL RECORDS OF AUSTRALIA.
Au
Memorial of
F. FL
soliciting
land grant.
1S3S. with the Colonists generally, that the said Regulations were
intended peremptorily and abruptly to bar and extinguish all future
claims whatsoever to free Grants; nor was it until bis attention
F.Flanagan was called to the Government Notice of tbe 27 June, 1837,* respect-
olidting ing "Additional Grants," that he became aware that it bad not
been contemplated, nor by any means intended by His Majesty's
Government that tbe said Regulations should be construed to the
prejudice of rights accruing to individual Settlers out of tbe previ-
ous system.
13. That your Memorialist respectfully entreats your Lordship's
attention to the facts out of which has arisen the necessity of his
present appeal, and which he now proceeds to state.
14. That, by tbe aforesaid Government Notice of 27 June, 1837,
it was directed that all persons, whose term of seven years had
then expired, should apply for their Additional Grants on or before
the 31 December then next ensuing.
15. That, at the date of the said Notice, and for upwards of six
months thereafter, your Memorialist was residing upon his farm,
which is situate on the extreme southern boundary of the Colony,
distant from Sydney two hundred and forty miles, and upwards
of fifty miles from the nearest Post ; and the last fifty miles of
country between his farm and Sydney being almost impassable, by
reason of mountains, rocks and gullies, communication by land is
extremely rare, and your Memorialist nearly altogether depends
upon communication by sea, for which purpose he has usually
to charter small coasting vessels. Hence it not infrequently bap-
pens that intervals of five or six months occur between his oppor-
tunities of correspondence with the seat of Government ; in illustra-
tion wmereof, he begs to mention that four or five months after
the accession of Sir Richard Bourke to the Government, so ignorant
was your Memorialist of His Excellency's arrival, that he addressed
a Memorial to the Acting Governor, Colonel Sir Patrick Lindesay.
16. That, under these circumstances, your Memorialist had no
knowledge whatsoever of the Government Notice until he was in-
formed thereof by letter from his son, a youth at School in Sydney,
which letter reached him only two days before last Christmas Day.
17. That at the time your Memorialist received the said letter, he
was without an Overseer, and, it being the season of wheat-
harvest, it was impossible for him to leave his farm without at
once endangering his whole establishment, and violating the Gov-
ernment Regulations by leaving his numerous convict Servants, in
so remote a situation, uncontrolled either by their Master or by a
free Overseer; and, immediately after harvest, he was for five or
six weeks laid up by a severe attack of illness.
IS. That, by the very first opportunity he had of communicating
with Sydney, namely, on the 10th of March last, your Memorialist
wrote a Letter to his friend Mr. Thomas Connolly, Librarian of tbe
" Australian Subscription Library," stating the particulars of his
claim to an Additional Grant, and recpiesting his advice as to the
proper mode of presenting the same, to which letter, after the lapse
of several weeks, your Memorialist received an answer informing
him that, Mr. Connolly having consulted an intelligent gentleman
on the subject, he was of opinion that, under the peculiar circum-
stances, the Government would wave the point of form as to the
* Vide New South Wales Government Gazette of 28 June 1837.
G1PPS TO GLENELG. 525
limitation of time, and advising that he should proceed to Sydney as
early as possible. (Vide Appendix B.) c> Au--
L9. That, in pursuance there..t'. your Memorialist hastened to Memorial of
Sydney by the hist conveyance, though at great loss and personal f. Flanagan
Inconvenience; arrived there on the 1st ultimo; and. having occu- soliciting
pied a few days in collecting information, presented his claim by an grant-
a short and simple Memorial to Bis Excellency sir George Gipps,
dated the 6tll ultimo, in which, however, he did not, as in the
present Memorial, give a full and explicit narrative of the circum-
stances connected therewith.
20. That in reply to his said Memorial, your Memorialist received
a letter from the Honorable the Colonial Secretary, dated the
12th ultimo, informing him, by direction of His Excellency the
Governor, that, as the delay of six months (that is, from Christmas)
in making his application was quite unaccounted for, His Excel-
lency could not admit the claim. (Vide Appendix C.)
21. That, in answer to the said letter, your Memorialist addressed
to the Honorable the Colonial Secretary a statement dated the
16th ultimo, somewhat explanatory of the delay objected to: hut.
from the Secretary's reply thereto, dated the 3rd Instant, it would
appear that that statement was not deemed sufficiently explicit.
your Memorialist being informed that His Excellency could not
reverse his former decision, i Vide Appendix D.)
22. That, whilst your Memorialist can readily understand that
His Excellency would not feel himself authorised, unless on very
strong and palpable grounds, to depart from the letter of your
Lordship's instructions, and of the Government Notice issued
thereon by His Excellency's predecessor, he yet humbly but confi-
dently appeals to your Lordship for a candid and beneficent con-
sideration of all the circumstances of his case, feeling assured
that your Lordship, in the exercise of a sound discretion, will not
permit the merits of his claim to be sacrificed to a mere point of
form, when non-compliance with that form was caused by physical '
impediments beyond his control.
23. That, although your Memorialist, conceives he might safely
leave his case to he determined upon its owu independent merits.
he begs to mention, as at least one precedent for a relaxation under
special circumstances of the rule limiting the time for such applica-
tions, that Mr. Donald Maclntyre, an Emigrant Settler of the same
standing as your Memorialist, was permitted to put in his claim
to an Additional Grant after the lapse of the prescribed period, the
Government Notice, as in the case of your Memorialist, not having
come to his (Mr. Maclntyre's) knowledge until it was too late to
apply within the rule.
Wherefore your Memorialist humbly prays, that your Lordship
will be pleased to take the premises into your favorable considera-
tion, and thereupon to authorise and instruct His Excellency the
Governor of New South Wales to refer his claim herein to the
Commissioners* appointed under the Act of the local Legislature,
5th William IV. No. 21. and. upon his affording reasonable proof
of the aforesaid improvements and Capital, to make to your Me-
morialist such Additional Grant of Land as he is thereby entitled
to under the Regulations of 1S26-T.
And your Memorialist will ever pray. etc.. etc..
F. Flaxagan.
New South Wales. 7th June. 1838.
* Note 103.
526
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
G Aug.
Abolition
of free
land grants
[Appendix A, referred to in Paragraph 12.]
Extract from Government Notice, dated 1st July, 1831.
"It has been determined by His Majesty's Government that no land shall, in future,
be disposed of in New South Wales, or Van Diemen's Land, otherwise than by
public sale.
" His Majesty's Government having- deemed it expedient to substitute new Regula-
tions for those at present in force, respecting the system of granting land in the
Australian Colonies, and according to which no land will in future be disposed of
otherwise than by public sale," etc.
Extract from Government Order, dated 1st August, 1831.
Land to " His Excellency the Governor directs it to be notified that all Crown land-, will
,Jf sold in future be disposed of only according to the Regulations published in the Govern-
by auction. ment Notice of the 1st of last month " (i.e., the Notice from which Extracts are
given above).
Extract from " Summary of the Existing Land Regulations," dated
the 1st November, 1831, and officially published, " for general
information." in the Australian Almanack for the year 1832.
" His Majesty's Government having determined to dispose of Crown Lands by
sale only (printed in Italics) all former Regulations on this subject Jiave been re-
scinded."
[Appendix B, referred to in Paragraph IS.]
Certificate of I hereby certify, that the statement made in the 18th Paragraph of the foregoing
T. Connolly. Memorial, respecting the Memorialist's letter to myself, and my answer thereto is
strictly true and correct.
Witness my hand this 7th July, 1838. Thos. Connolly.
Refusal of
additional
land giant.
Decision
confirmed.
[Appendix C, referred to in Paragraph 20.]
(No. 3S/523.)
Sir, Colonial Secretary's Office, Sydney, 12 June, 1838.
With reference to your Memorial dated the 6th Instant addressed to the
Governor, claiming an additional Grant of Land, I am directed by His Excellency
to inform you that, according to your own statement, you became acquainted with
the Regulations in December last, and that, as the delay of six months in making
your application is quite unaccounted for, His Excellency cannot admit your claim.
I have, &c,
T. C. Harington.
Mr. Francis Flanagan, care of Mr. Connolly, Australian Subscription Library,
Sydney.
[Appendix D, referred to in Paragraph 21.]
(No. 38/571.)
Sir, Colonial Secretary's Office, Sydney, 3 July, 1838.
I duly received and submitted to the Governor your letter of the 16th Ultimo
explanatory of the delay in your making application for an additional Grant of Land,
and in reply am directed to acquaint you that His Excellency cannot reverse his
former decision, as communicated to you by my letter of the 12 Ultimo.
I have, &c,
J. Deas Thomson.
Mr. F. Flanagan, care of Mr. Connolly, Australian Subscription Library.
[A copy of the issue of the New South Wales Government Gazette, dated 28th June,
1S.17, was also enclosed.)
7 Aug.
Despatch
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 175, per ship Alfred.)
Sir, Downing Street, 7 August, 1838.
I have received Sir Richd. Bourke's Dispatch No. 105 of the
1st of November last, enclosing a copy of a Notice issued by the
Local Government of New South Wales on the 27th of June,
GIPPS rO GLENELG. 527
1837, relative to the admission of claims of certain Colonists iS3s^
to additional Grants under the term- of the Land Regulations of
1826 and L827.
Sir Richard Bourke was quite Correct in assuming that, in [ntentions
my Dispatch of the 31st July. L83-6, I did not anticipate any other ^i.iitioma0
claims than those of persons actually leaving England on the land grants,
faith of the general Regulations of 1826 and 1827. It was my
intention to limit the instructions contained in that Dispatch to
those cases, and a further extension of it does not appear to me
to be called for by strict justice, while it would be productive
of the greatest inconvenience.
I am, therefore, unable to sanction a compliance witli any of
the applications for additional grants, to which Sir R. Bourke's
dispatch refers. I have, &c,
Glexelo.
Claim to
land grant
in extension.
Sin George Gipps to Loud Glexelc.
(Despatch No. 121, per ship Marinus; acknowledged by
marquess of Normanby, 7th March. 1839.)
My Lord, Government House, Sth August, 1838. s Aug.
I have the honor to forward herewith two Memorials, Transmission
which have been addressed to your Lordship by Mr. James King, of memorials
1 ; , D from J. King.
The first of these, marked A. ha- simply for its object to get
compensation for an injustice which Mr. King alleges he suffered
from the Local Government of New South Wales in the year
1827, in which year he obtained from General Darling a Grant
of 1.920 acres of land in lien of 2,560, to whieh he thinks he was
entitled. But, as there is no reason to doubt the sound discretion Criticism
exercised in 1828 by General Darling, or to conclude that the 0I clalm-
Government of Xew South Wales was obliged at that time to
give land to any person who claimed it on the mere proof of the
possession of a certain amount of Capital, I do not think it neces-
sary to say more on the subject of this Memorial.
The second Memorial, marked B, embraces two topics; one
has reference to a secondary Grant of land, the other to a reward
for services alleged to have been rendered to the Public.
With respect to Mr. King's secondary Grant, being a settler claim by
of 1827 and having complied with the terms on which he received pecSndary
his first Grant of 1,920 acres, he has an acknowledged claim to land grant,
a Secondary Grant under the orders, that have been issued and
acted on in the Colony since the receipt of Your Lordship's
Despatch No. 180 of the 31st July, 1836. But a question has
arisen whether, in Mr. King's case and in a great number of
similar ones, this .secondary grant is to be a maximum one or
52*
HISTORICAL RECORDS OF AUSTRALIA.
1838.
S Aug.
Problem foi
decision.
Reward
claimed for
discovery of
sand suitable
for glass.
only equal to the amount of the primary grant. This question
was referred to your Lordship in the case of Mr. Richard Glan-
ville by the late acting Governor in his Despatch No. 19 of the
5th Feby., 1838, and Mr. King has already been told that the
decision of your Lordship in that case will rule all similar ones.
The second point in Mr. King's second Memorial has reference
to a remuneration claimed by him on the ground of services
alleged to be rendered by him to the Public. I have no reason to
doubt the truth of the facts set forth by Mr. King, either in
respect to his being the first person who sent sand from this
Country to England for the purpose of being manufactured into
glass, or to his having established a Pottery at his estate of
Irrawang; but I cannot on account of either of these facts,
meritorious as they may be, undertake to . advocate with your
Lordship his claims to any greater reward* than that which has
been already offered to him, vizt., a remission in the purchase of
land to the amount of £100. I have, &c,
Geo. Gipps.
Memorial
of J. King
soliciting
grant in
extension.
[Enclosure marked A.]
The Memorial of James King of William's River, in the Colony
of New South Wales,
To The Right Honorable Her Majesty's Principal Secretary of
State for the Colonies, etc., etc., etc.,
Humbly Sheweth,
That your Memorialist, having emigrated to this Colony
from Scotland in the year 1827, procured a grant of Land of one
thousand nine hundred and twenty acres, whilst his available
capital, as proved before the Land Board which investigated his
claim, entitled him under the Regulations then existing to a grant
of 2,560 acres.
That your Memorialist, instead of remonstrating against this
curtailment of the quantity of Land, to which his capital gave him
a rightful claim, proceeded forthwith to improve the quantity
actually granted, on the faith of availing himself of that clause
in the Regulations which promised a grant in extension.
That, accordingly in the year 1829, after expending the necessary
amount of capital in improvements on his primary grant. Your Me-
morialist made application, in terms of the abovementioned clause,
for an extension of the said grant to the maximum quantity, but
that, contrary to his reasonable expectations, this application on
the part of your Memorialist was not acceded to by the Local
Government.
That your Memorialist, conceiving at the time that this breach
of faith was the result of specific instruction from the home Govern-
ment, deemed it hopeless to urge further his rightful claim.
That, having now learned the absence of all design on the part of
the Government at home to violate that clause of the Regulations
referred to, and learning at the same time that the refusal given
to your Memorialist's application had resulted from a temporary
* Note 104.
G I PI'S TO GLENELG. 529
suspension of part of the Land Regulations at the instance of His lsss.
Excellency Governor Darling, whilst the clause in question autho- * A"s-
rising Grants in extension was acted on subsequently (as it had been Memorial
previously) to the period of such suspension, during which period of J. King
your .Memorialist's application had unfortunately been preferred, soliciting
Your Memorialist therefore considers his claim to a "grant in SSsion.
extension" still valid; and also aware that the Local Government
is n. «i now authorised to entertain snch claims, humbly and most
respectfully solicits that Yonr Lordship, upon a review of his case,
will authorise the Local Government to issue to yonr Memorialist
snch an extension of his primary grant as he was justly entitled to
by the terms of the Regulations, then existing.
And your Memorialist will ever pray.
Sydney. 2d May. 1838. James King.
| Enclosure marked B.]
The Memorial of el nines King of William's River, in the Colony Memorial
of New South Wales. **§£
To 'I'he Righl Honorable Her Majesty's Principal Secretary of secondary
State for the Colonies, etc., etc.. etc., andrf^ard
Humbly Sheweth for discovery
That, by a letter dated Id February last front the Honorable ofsandsuit-
* *ii)if* tor °*I'isS"
The Colonial Secretary here, authorising to him a secondary Grant makin^.
of 1,920 acres of Land, he is advised that the Commissioners of
claims for secondary Grants have recommended yonr Memorialist
to a secondary Grant of 2,560 acres: but that the claim for the
remaining (140 acres should await the decision of a similar case,
which had already been referred to yonr Lordship's consideration.
although yonr Memorialist cannot set' in his case reason for with-
holding a portion of the quantity recommended by the said Com-
missioners.
That, in corroboration of this view, yonr Memorialist begs most
respectfully to submit to yonr Lordship the following facts, which
may possibly differ from those of the case already referred to your
Lordship: but yonr Memorialist in the first instance in the year
1827 received less land than his capital entitled him to by the
existing regulations. Subsequently, in consequence of a temporary
suspension of the Land Regulations by the Local Government in
1830, yonr Memorialist was refused his claim for an extension of
his original Grant, a claim which is altogether distinct from the
one now urged: and which Your Memorialist has done himself the
honor of submitting in a separate memorial to your Lordship's
consideration.
That the further ground, on which Your Memorialist rests his
claim, not merely for the additional (540 acres recommended by the
Commissioners of claims, but for snch an amount of Land in addi-
tion as Yonr Lordship shall deem adequate to meet the circum-
stances of his case, are as follows, vizt. : —
Your Memorialist has proved to the satisfaction of the Commis-
sioners that he had expended in permanent improvements on his
primary Grant two years ago the sum of £2,900; and up to the
present time, a sum of not less than £3.330. wdiile the regulations
required the expenditure of only £1,G00 to entitle him to a secondary
Grant.
Sek. T. Vol. XIX — 2 L
530
183S.
Memorial
of J. King
soliciting
secondary-
land grant
and reward
for discovery
of sand suit-
able for glass-
making.
HISTORICAL RECORDS OF AUSTRALIA.
Independent of the above amount expended in improvements on
his primary grant. Your Memorialist is possessed of available
capital to the amount of not less than £7,000, as proved before the
Commissioners, besides of several other portions of valuable landed
property in various parts of the Colony, the value of which it was
not necessary to lay before the Commissioners, as the possession of
capital to the amount of £2,000 entitled your Memorialist to a
secondary grant of 2,560 acres.
Your memorialist has at very considerable expense established
in the Colony a manufactory of Brown Earthenware for the pro-
duction of such articles as, from their great bulk and risk of break-
age, cannot conveniently be supplied by the Mother Country.
Your Memoralist brought before the notice* of one of Your Lord-
ship's Predecessors in Office, in the year 1833, his discovery of the
superior quality of the sand of this Colony for the production of
fine crystal glass; a copy of this communication which failed in
obtaining the object in view is herewith transmitted for your Lord-
ship's perusal. In doing so, your Memorialist begs to call your
Lordship's attention to the growing importance of this discovery in-
asmuch as, since the date of the above communication, some hun-
dreds of Tons of this sand have been imported as ballast into
England by various parties resident in Britain, Your Memorialist
having no pecuniary interest whatever in traffic hence arising ; and
Your Memorialist takes this opportunity of again urging on the
notice of your Lordship the inadequacy of the premium* awarded to
him by the Government for the expenses, troubles, etc., attendant
on the experiments, which brought into Public notice and estab-
lished the value of the discovery in question. The Society of
Arts in London, however, in order to bear testimony of the merits
of this discovery have since and without solicitation awarded to
your Memorialist its large Silver medal.
In fine your Memorialist begs respectfully to call your Lordship's
attention to the fact that many persons have obtained Grants of
Land far beyond what is denominated a maximum grant ; wmilst
some of those grantees have never yet thought it worth while to
expend any capital in improvements at all. And of a number of
grants that might be mentioned, your memorialist would specify
on this head 10,000 acres granted to Mr. John M'Arthur, 10,000
acres to Mr. R. Jones, 5,000 or 10,000 to Mr. Kent, 10,000 to Sir
Thomas Brisbane since leaving the Colony, 10,000 to Mr. H. Davis,
wTho has never been in the Colony at all.
From the foregoing considerations, therefore, vizt. :
1st. By emigrating to the Colony with capital at first;
2d. By continuing to reside in the Country and improve to a
great extent his primary grant ;
3d. By now possessing a considerable amount of capital, avail-
able for the further improvement of his landed property ;
4. By introducing into the Colony an important and useful
domestic manufacture ;
5. By discovering and bringing into notice a source of lucrative
commerce to the Colony, advantageous at the same time to
science, and to the Commercial and manufacturing in-
terests of Great Britain ;
* Note 104.
GIPPS TO GLENELG. 531
6th. By comparison with the circumstances, conduct and posi- is.ss.
tion of others, who are extensive grantees of Land from 8 A»g-
the Crown ; Memorial
Your Memorialist most respectfully submits to ?our Lordship that of J.King
he Is entitled, oot only to the grant in extension, referred to in his soliciting
previous memorial, and to the remaining 640 acres recommended by 52dp2t
the Commissioners of claims, but also to such additional remunera- andreward
tion as your Lordship from an impartial review of his case, will for discovery
naturally deem merited and equitable. abSfo/gkss-
And your Memorialist will ever pray. making.
Sydney. 2d May, 1S38. James King.
I Appendix A.]
Statement r.\ Revd. II. Carmiohael.
I consideb it altogether due to Mr. King's ingenuity, enterprise, statement
and perseverance, when applied to for this purpose, to certify most bv Revd.
readily that I have visited his Pottery ;it [rrawang, on the River H. Oarmichael
William, and have seen the Pits. Buildings, Kilns. Materials. Moulds, established
.Machines, implements and other appliances, used in the Earthen- by J. King.
ware Manufactory there established.
The expenditure of Capital, patience and Skill, necessary to the
formation and successful play of such a series of operations as is
dow maintained at the [rrawang Pottery, cannot in my opinion
be adequately appreciated in the Mother Country, where the facili-
ties and appliances for conducting such operations are ample, and
where appropriate labour is easily obtained. In New South Wales,
in the present state of its advancement as a community, the difficul-
ties to he overcome in establishing so effectually a manufacture of
the sort are next to insuperable, the outlay of Capital and labour
necessarily great.
I have seen the Irrawang Ware in General Sale about Sydney,
and have always understood its character, as to quality, to be
excellent. I can bear direct testimony to the excellence and use-
fulness of such samples of it as have been, and now are, in con-
stant use in my own house. The manufacture, in a public view, I
consider of essential value to the Colony; inasmuch as it is fitted
to furnish to the Colonists, at a moderate price, a supply of such
indispensable articles of Earthen-ware for domestic and other pur-
poses, as cannot be procured from England, except at a risk and
consequent expence which raise their price much beyond their
intrinsic value.
Henry Carmichael, A.M.,
Vice-President of the Mechanics' School
of Arts, Sydney, New South Wales.
Normal Institution, 29th March, 1838.
[Appendix B.]
Mr. J. King to Viscount Goderich.
My Lord, New South Wales. Sydney, 1st July, 1833.
The liberty, which I now take in again addressing* your
Lordship through His Excellency Governor Bourke on the subject
of my discovery of the value of the white sand contiguous to the
Harbour of Port Jackson, arises from my having had the honour
* Mote 105.
532
HISTORICAL RECORDS OF AUSTRALIA.
1838.
8 Aug.
Reward
granted to
J. King for
discovery
of value
of sand.
Evidence of
value of
discovery.
of receiving a communication upon the subject from the Honorable
the Colonial Secretary here, of which the following is a copy: —
(No. 33/360.)
Sir, Colonial Secretary's Office, Sydney. 11th June, 1833.
The Governor having brought under consideration in Council
a Letter- from Mr. Under Secretary Hay. dated 2nd October, 1832,
having reference to an application made by you for a Grant of Land
as a reward for the discovery of a tract of sand adapted for the
manufacture of Flint Glass, I am directed to inform you that it was
decided, that it be recommended by His Excellency to the Secretary
of State to grant you a remission in the purchase-money of land
to the extent of One Hundred Pounds. I have. &c,
James King. Esq., Sydney.
T. C. IIarington.
On receiving this official document, I was unwilling to consider
the compliment passed in my favour, as other than a mere expres-
sion on the part of our Colonial Executive Council of their wish to
support cordially any claims, which justice and expediency might
dictate to your Lordship as rightfully urged by an individual placed
in my situation. And I am accordingly glad to learn, from the
verbal assurances of several Members of the Council themselves,
that this view of the matter is in accordance with their individual
feelings upon the subject, although the terms of their official letter
authorises a contrary conclusion. This hundred-pounds worth of
drawback in the purchase of land (provided I should ever find it
convenient to advance the additional purchase-anoney. which would,
even under these circumstances, be necessary to put me in pos-
session of the smallest section vendible under the existing regula-
tions) is merely a well-meant act of appreciation here, which can-
not be considered as a rule to guide your Lordship in placing upon
public record the sense of a British Statesman of the merit in-
volved in a discovery of high scientific value and national import-
ance, but not of any individual profit to the discoverer.
In order, therefore, to bring before your Lordship the true merits
of the case, I beg to submit to your Lordship's perusal, the accom-
panying documents (vizt.) :
1. Appendix A. containing extracts from the correspondence of
Messrs. Buckles. Bagster and Buckle, of London; wherein tbese
highly respectable Merchants and Ship-owners express their opinion
of the value of the sand in question, as ballast for ships home-
bound from the Colony.
2. Appendix B, being part of the report of Messrs. Pellatt and
Co., the well-known Glass Manufacturers, wherein testimony is
borne to the superior quality of the crystal glass, manufactured at
their establishment, out of Sydney sand, transmitted to them by
me for that purpose through the firm of Messrs. Buckles, Bagster
and Buckle.
3. Appendix C, being an extract from a Letter on this subject by
James Dunlop, Esq.. F.R.S., Government Astronomer at Parraj
matta. wherein that able optician and mechanic passes judgment
on the advantages derivable by science from the discovery in
question.
4. Appendix D. being an extract from a Report made of an in-
troductory Lecture, delivered at the opening of the " Sydney Me-
chanics' School of Arts" by the Vice-President of that Institution.
* Note io:
GIPPS TO GLENELG. 533
o( whicb His Excellency Governor Bourke is Patron; wherein is
shewn the estimation in which this discovery is held by men of BAug.
general intelligence in the Colony.
The first three of the documents here referred to, together with
ral others relating to the same subject, are already, 1 believe,
at full length in your Lordship's possession.
A.S a further guide in coming to a right judgment in this matter, Rewards
I beg to «all your Lordship's attention to Appendix E, which gjjjjjjjj
specifies instances wherein Bonuses have already, in similar eases colony.
connected with this Colony, been awarded to individuals, either
by your Lordship or your Lordship's predecessors in office. And.
in order that my individual case may not seem unworthy to he
considered in connection with these. I crave the indulgence of your
Lordship, whilst I endeavour to bring the peculiar circumstances
of my discovery under your Lordship's notice.
In the first place, I have received no mercantile advantage from Alienee of
my exertions in this matter. Nor am 1. as an individual, ever gf^gj,^*
likely to derive any: because, for many years to come, it will he
hopeless for a maker of glass in this Colony to compete profitably
with the glass manufacturer in the Mother Country: and because,
moreover, there can he no profit derivable from any use of the
sand in question, which, under the existing laws of the country,
would nor be at the command of every other capitalist as well as
of myself:* whilst my country in particular. \)y the consequent
improvement of its crystal and plate glass, and the world in general,
both by this acknowledged improvement and by the probable exten-
sion of science through the greater efficiency of optical instruments,
will, in the meantime, certainly reap whatever amount of advan-
tage may he due to the discovery.
In comparing this with instances specified in Appendix E. your
Lordship will perceive how much better fitted for becoming sources
of profitable speculation to the parties concerned are the eases
referred to; and although the superior profitableness of any specu-
lation consequent on the exertions and sagacity, involved in any of
the cases mentioned, by no means detracts from the merits of the
parties immediately interested, yet in my case. 1 humbly conceive
that the absence of profit to myself strengthens my claim for re-
muneration from the Public, who thus solely reap the henefit of my
individual exertions.
In the next place. I beg to call your Lordship's attention to the Value of
certain results of my discovery. The sand got here is of greater discovery.
purity than sand found anywhere else. And, as the quality of
glass is dependent on the purity of the sand which forms the main
ingredient of its composition, yon have here, in exhaustless abund-
ance, the peculiar means of bringing the crystal and plate glass of
the United Kingdom to such a state of perfection, as shall render
its excellence unrivalled in the market of the world.
Besides I feel confident that your Lordship, as an enlightened
man. interested in the scientific fame of our common country, will
not overlook the value of that 'vantage-ground, on which (through
the exclusive possession of this essential element in the manufacture
* This sand results from the decomposition of the white sand-stone of the coal
formation (which is the geological character of the coast about Port Jackson), and
constitutes the soil of the country, which is still a large proportion the property
of the Crown.— J. K.
534
1838.
8 Aug.
Value of
discovery,
Request for
adequate
reward.
Reward
proposed
insufficient
to meet costs
of discovery.
HISTORICAL RECORDS OF AUSTRALIA.
of fine glass for philosophical purposes) the British Astronomer,
Optician, and Experimental Philosopher are placed. For forty
years past have men of all ranks here trode unheeded this stoic-
house of philosophical power : whereas, had its treasures been for
this long period at the services of the British manufacturer, who
can tell how eminent, at the present moment. Great Britain might
have stood as the unrivalled producer of one of the most extensively
useful, and at the same time most elegant and ornamental of the
results of manufacturing industry? And who can tell what dis-
coveries might have hence been made by her men of science, during
a period remarkable above all previous eras for the interest taken
throughout the philosophical world in experiments and discoveries,
which depended for success and accomplishment on the perfection
of optical apparatus.
With anticipations of future consequences from my discovery,
based upon these considerations, I humbly solicit your Lordship to
follow up the individual wishes of His Excellency Governor Bonrke,
and our Executive Council here, by taking such a view of my
claims as will justify you in regarding their official communication
to me upon this subject as a mere notification of approval on their
part of my exertions, and in rewarding those claims with such a
token of approbation as shall be worthy of a British Senator to
offer, and befitting a man in my situation to receive.
Moreover, as the particulars of my discovery have already been
transmitted in a communication to the Royal Society, I should
feel at ease, were the estimation which your Lordship may form
of my claims to be wholly based, if necessary, on the opinion of
their merits which that learned body are so well fitted to pronounce.
But, should your Lordship not take a view of these claims different
from that embodied in the official document transmitted to me from
the Executive Council here, I feel constrained to bring before the
notice of Your Lordship the fact that the amount of this reward,
as it is called, which is recommended in that document, though it
were paid in money instead of being merely a discount on the pur-
chase of land, would not reimburse me for the loss incurred in bring-
ing my discovery under the notice of the glass-makers of England,
and in authenticating it to your Lordship and the Council here;*
whilst their decision on this discovery as officially communicated
* I beg moreover to state for the information of your Lordship that, whilst the
merits of this discovery were under discussion before His Excellency the Governor
in Council, I was questioned with regard to the expense which I had incurred in the
prosecution of my experiments and endeavours to ascertain the true character of the
sand under consideration. I have had reason to think, in consequence, that the
estimation, formed by the Executive Council of the value of my services in this
matter, has been grounded on the nature of my replies on that occasion. Conceiving
the value of the benefits clearly resulting from my discovery to bear no comparison
whatever with the trouble and expense which I had incurred in its prosecution, I
represented to His Excellency in Council that my individual expenses in the matter
were comparatively trifling ; little imagining that such a representation could ever
be taken as a measure, by which the merits of such a question was to be judged
either here or elsewhere. It was on this account that I naturally felt aggrieved,
when I received an official document containing a prejudgment of my case, seemingly
founded on a wrong appreciation of the statement which I had unsuspectingly made.
And when, upon application to His Excellency, I was informed that this judgment,
being put on record, could not be recalled (although His Excellency at the same
time kindly undertook to represent the matter right to your Lordship), I conceived
myself justified in expressing to your Lordship my wish that the judgment formed
on the subject by the Home Government should rest solely upon the merits of the
case. — J.K.
GIPPS TO GLENELG. 535
to me, if acted on by your Lordship, will be a matter of seri- 183S.
..us regret to all persons of Intelligence with whom I have con- 8 Aug.
versed upon the subject ; for it is feared that it will have a ten-
dency to discourage such scientific and other useful investigations
in this remote Colony, as have not an immediate prospect of profit
to the parties concerned, however much they may he of advantage
to the Mother Country or to the Colony itself. But whatever may
he I lie results consequent en my discovery. 1 am sure it will afford
your Lordship little satisfaction to reflect at a future day that
the discoverer neither reaped mercantile profit, nor was otherwise
recompensed by his country, except in a manner which excited
feelings the reverse of grateful satisfaction and honest triumph.
1 have. &c,
James King.
[Appendix A.]
Extract of a Letter dated 5th .Time, 1832, from Messrs. Buckles,
Bagster and Buckle, of London, to James King, Sydney.
" Your eleven bags of sand were Bafely landed from the ' Stirling Castle,' and Probable
independently of the pleasure which we should feel in being serviceable to you indi- value of
vidually at the request of our esteemed friend Mr. Burdiken, we consider this matter discovery,
in itself as deserving- our warmest assistance and co-operation, looking upon the
discovery, a- we do. as one that is likely to prove beneficial not only to the Colony,
but to all ship-owners employing vessels in your trade."
Extract from another Letter, dated London, 20th July, from the
same gentlemen to Mr. King, Sydney.
" Referri.vg to our respects of the 5th Ultimo, the object of the present few lines
is merely to acquaint you that we have just received from Messrs. Pellatt and Co. a
very satisfactory verbal report upon your sand, which they will fully commit to
writing for the purpose of our forwarding to the Colonial Secretary, and we shall
of course hand you a copy of the same. They consider it on the whole better than
any sand obtainable in this country, and in every way worthy of encouragement.
Your glas-s is to be ready for shipment by the Prince Regent next month, and all Glass made
the better articles will be made from the Sydney sand."* from sand.
* These articles arrived and were distributed some months ago by Mr. King
among his friends in Sydney.
[Appendix B.]
Extract from the Report of Messrs. Pellatt and Co. on the Sydney Report on sand
sand, addressed to Messrs. Buckles. Bagster and Buckle, dated by glass
Falcon Glass Works, 17th August, 1832. manufacturers.
" We have much pleasure in acquainting you that, having used the quantity of sand
furnished by your house from Sydney, we find it decidedly superior to any we have
previously employed.
" The most esteemed property of this sand, and which makes it of the greatest
importance to glass-makers, is derived from the absence of oxide of iron and every
other combination that would affect the color of the glass when made.
" It is also free from insoluble matter ; glass made from this sand is more bril-
liant and watery than any other.
" We consider it fortunate at this period that this sand has been discovered, as
the sand from Lynn Regis, with which most glass-makers were supplied, is now
very bad in quality, and has in consequence been given up by many."
[Appendix C]
Extract of a Letter from James Dunlop, Esq., F.R.S.. to
James King, dated Parramatta, 5th May, 1833.
" But the important result of your discovery of that unexhaustable deposit of sand Opinion of
between Sydney and Botany Bay will be to furnish the glass manufacturers with the J. Dunlop re
principal ingredient of flint glass in a state of greater purity than it has hitherto value of
been obtained for the manufacture of flint glass for optical instruments, the per- discovery,
fection in which has not yet been attained to satisfy the wants of science. The
sand, being free of iron and other metallic impurities, is of itself a sufficient
536
HISTOBICAL RECORDS OF AUSTRALIA
1838.
8 Aug.
Opinion of
J. Dunlop r<
value of
discovery.
recommendation to the manufacturer by removing a difficulty in the way of obtaining
glass unobjectionably tree from color, and to the Optician of great importance in the
construction of the achromatic telescope, the loss of the light in them being depen-
dent upon, and in proportion of the color of the glass used in their construction.
The mean of the specific gravity of the four specimens which you sent me is 3-274,
which is very nearly the medium specific gravity of that usually manufactured by
Messrs. Pellatt and Company for optical purposes, of which I send you a specimen
(by Watsford's coach) which I purchased at their works about January. 1828 ; its
color (looking through the edge) resembles that of pale roll-sulphur or yellow,
which is in all probability occasioned by the presence of iron in the sand, from
which it is made, while your specimens are of the color of pure water and will
therefore intercept less light."
[Appendix D.]
Extract from a Report of an Introductory Lecture delivered at
the opening of the " Sydney Mechanics' School of Arts " hy the
Rev. Henry Carmichael, M.A., one of the Professors of the
Australian College, Sydney, March 22, 1833.
Reference to " As bearing upon the importance of widening the facilities of investigation into
discovery in the physical resources of this Colony, it does not seem out of place here to remark
lecture at that another member of our Committee has just now succeeded in bringing into
school of arts. notice, as a matter of national importance, that exhaustless magazine of purely
silicious sand, which constitutes the great bulk of the soil we tread upon. Mr. King
has lately ascertained the unrivalled excellence of Sydney sand in the manufacture
of glass, that most beautiful article of every-day use. Specimens of glass, made
wholly of this sand, which had been sent to Great Britain by the above-named
gentleman for the express purpose of experiment, have been received from the first
glass manufacturers in London, who pronounce the manufactured article to be
superior to that which their best home-materials have enabled them to make.
Messrs. Pellatt and Co. the manufacturers in question, are employed to supply Gov-
ernment with glass made expressly for astronomical and other philosophical purposes ;
so that this announcement of theirs, concerning the Sydney sand, is to be regarded
as of essential importance to science in general. The glass in question is pro-
nounced to be especially fitted for the formation of lenses ; and this, at a time
when accurate observation of optical phenomena occupies a prominent and singu-
larly interesting portion of philosophical investigation. Thus may it be, that the
barren rocks of Sydney are no less destined to become famous in the Annals of
Philosophy, than the Observatory at Parramatta, where there now labours for
immortality another member* of our Committee, who is probably better fitted for
turning this glass to advantage in the service of science than any other single
observer at present on the surface of the globe.
" But, in a commercial and economic view, this discovery may be of greater
consequence to the Colony than appears at first sight. By taking this sand as dead-
weight, our wool exporters, it appears, will be enabled to ship a much larger cargo
of wool in any given vessel, than they can do under present circumstances ; whilst
the sand itself will become a profitable article of sale in the London market ; and
thus, by the export of this sand, will a double advantage be gained by the ship-
owner, which will tell directly in favor of the growth of wool, the staple commodity
of the Colony," etc., etc.
* James Dunlop.
[Appendix E.]
Land grants A Grant of 10,000 Acres of Land was presented to John M'Arthur, Esq., for having
given for imported into the Colony a number of fine-wooled Rams, with the view of improving
services. the breed of his own flocks, which were then known to be superior. The immediate
effect of this importation was to improve the quality of the wool of Mr. M'Arthur's
flocks, enabling him thus to dispose at advanced prices both the wool in the London
Market and the breed itself to newly arrived Emigrants.
A Grant of 10,000 Acres of Land was made by the Home Government to Richard
Jones, Esq., for having imported, in like manner, a number of Saxon Sheep, male
and female, with the view of stocking his own Establishment, and enabling himself
to export wool to greater advantage.
A Grant of 10,000 Acres of Land was, also, given to Mr. Kent, for having sug-
gested the manufacture of Mimosa Extract for tanning, so as to save a certain
amount of freight in the export of the Bark for the London market.
Besides the above Grants for the services respectively described, a variety of
grants have been made to a number of other individuals, as premiums for specific
services rendered to the Colony. As for instance, for shooting Bushrangers ; for
marking lines of road through the woods ; for accidentally discovering tracts of
GLENELG TO GTPPS. 53;
_ ground, etc., etc., etc. Bui in no instance, so far as can be ascertained, 1838.
granl for such services as these ever offered less than 640 acre-: unless 8 Aug.
the grant was specially made in some highly valuable spot, such as would lit' an
allotment in the immediate neighbourhood or within the limits of some Township.
A number of individuals, moreover, have latelj obtained as grants allotments oi G rants of
from 10 to J(> Acres extent adjoining the Town of Sydney, which possess a value of allotments
from £50 to : ling per acre, for no other service, and coupled with no near Sydney,
other condition, than that they shall thereby bind themselves to erect on their i
tive allotments a commodious dwelling house for their own use and convenience.
Lord Glenelg to Sir George Gipps.
(Despatch No. IT*;, per ship Alfred; acknowledged by
Sir George Gipps, 1st April. 1839.)
Sir, Downing Street, 9 August, L838. 9 Aug.
With reference to the Correspondence, which has taken
place between your Predecessor and myself as to the expediency
of raising the minimum price of Crown Laud in Xew South
Wales, 1 have to acquaint you that Her Majesty's Government
are of opinion that the time has arrived when the interests of the Decision to
Colony require that a considerably higher price should be affixed prfc!™1"^
to Laud than that which was named by Lord Ripon* as the mini-
mum price in 1831, and which was clearly intended to be merely
experimental. The object of the change of system introduced by object of
Lord Ripon was to remedy the great want of labour, which was iand°bysale.
at that time complained of in the Colony, by providing the
pecuniary means of assisting emigration, and at the same time
preventing the undue dispersion of the Emigrants. The result Result of
has been to refute the arguments with which the change of sys- system-
tern was originally opposed, and completely to justify the prin-
ciple on which Lord Ripon's regulations were based. In order,
however, to give full effect to that principle, it is indispensable Necessity for
that the price of Land should now be considerably raised. So onand
far as regards the encouragement of Emgiration, the measure lias
to a considerable degree succeeded, but the extent of Land which
has been sold and the increasing want of labour affords decisive
proof that the cheek, which it was intended to impose on the
undue dispersion of the Inhabitants of the Colony, has not been
sufficient. It is only by raising the minimum price of Land or by
restricting the quantity offered for Sale that the end in view can
be obtained, because in the present circumstances of the Colony,
tho' competition may determine the relative value of different
allotments of Land, while none is offered for' Sale than can be
profitably occupied, it is obvious that the minimum price de-
manded by the Government will determine the saleable value of
Land, which has no peculiar advantages either from its neigh-
bourhood to a market or from its natural fertility.
* Note 106.
rai-mg price
538
HISTORICAL RECORDS OF AUSTRALIA.
1338.
9 Aug.
Increase in
minimum
price of land.
Instructions
for further
increase if
necessary ;
and for
restriction
on extent of
land offered
for sale.
I have, therefore, to instruct you forthwith to substitute 12s.
for 5s. as the upset price of Land of ordinary quality. I have at
the same time to desire that you will closely watch the effects
produced by this enhancement of the price, with a view of ascer-
taining- whether it may not be necessary to carry it still higher
in order to accomplish the purpose for which the measure is in-
tended. If you should perceive that the extension of the popula-
tion into the unsettled Districts should still proceed with a
rapidity beyond what is desirable, and that the want of labour
still continues to be seriously felt, or if you should have reason
to believe that large purchases are made on speculation, you
will without waiting" for further instructions from me take mea-
sures for checking- the Sale of Land even at the price of 12s. an
acre. But, as inconvenience would arise from the frequent an-
nouncements of changes in the upset price of Land, it will be
expedient to impose this check not in the first instance by
declaring such a further change in the minimum upset price,
but by restricting the extent of Land offered for Sale only to
Lands of a quality inferior to that which is likely to be in
demand for cultivation, putting a proportionally higher price
upon good land. In this manner, a considerable augmentation
might by degrees be made in the price which land would fetch,
and the upset price might be again ultimately raised with less
difficulty than would probably be experienced if this rise were to
precede instead of following that which would take place in the
Market. I have, &c,
Glenelg.
P.S. — You will of course understand the Instructions con-
tained in this Dispatch as applying to Port Philip equally with
other parts of the Colony of New South Wales.
10 Aug.
Despatch
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 177. per ship Alfred.)
Sir, Downing Street, 10 August, 1838.
I have received Sir R. Bourke's Dispatch No. 115 of the
18th November last, enclosing an application for a retiring
allowance from Mr. Anderson, one of the Colonial Surgeons at
New South Wales, and suggesting whether it might not be
adviseable to establish some scale of retiring allowance for Colo-
nial Medical Officers in that Colony to be paid from the Convict
Fund.
I have referred this Dispatch to the Lords Commissioners of
the Treasury for their consideration, and I now enclose, for vour
GLENELG TO GIPPS. 530
information and guidance, the copy of a letter from the Board is3s.
of Treasury, representing' that in their Lordships' opinion it Aug'
would not be advisable to establish any particular regulations for Objections
the retirement of Colonial Medical Officers at New South Wales, allowances
and that, in the event of Mr. Anderson's retirement, his claim ^■(.'u1,i'1lcal
to a retiring allowance must depend entirely on its own merits.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Mi:. A. Y. Spearman to Under Secretary Stephen,
Sir, Treasury Chambers, 2nd August, 183S.
The Lords Commissioners of Her Majesty's Treasury having
had under their consideration the application from Mr. Anderson,
the Medical Officer attached to the Convict Establishment at New
South Wales, for some extra remuneration for his services, as well
as for a retiring allowance in the event of his relinquishing his
present employment, with the suggestions of the Governor of the
Colony relative to the Establishment of some general scale of
retiring allowance for the Medical Officers there, to he paid from
the Convict Fund, and to the expediency of placing the whole of
the Colonial Medical Establishments under Military Surgeons,
which accompanied yonr letter of tin1 4th of last June, I have re-
ceived their Lordships' Commands to request yon will observe to Medical
Lord Glenelg that they consider the revision of the Medical Estab- establishments
lishments in the Australian Penal Settlements, which has been army melical*0'
carried into effect, to have been made with the understanding that regulations.
those Establishments should be conducted as nearly as possible in
conformity with the Army Medical Regulations; and that, although
the Officers of the former Colonial Medical Establishments would
continue to be employed under the new arrangements, their suc-
cessors, when it might become necessary to replace them, would be
selected as far as practicable from the Army Medical Department.
You will also observe to Lord Glenelg that their Lordships do not objections
conceive it would be advisable that any particular regulations to retiring:
should be laid down in regard to the retirement of the Colonial allowances
Medical Officers at New South Wales, more especially as those officers. 1Ca
Officers will generally revert to Naval or Military Half Pay on the
cessation of their Colonial employment.
With (reference to Mr. Anderson's application to the Colonial Criticism of
Secretary of New South Wales, I am commanded by their Lord- application
ships to transmit to you the Copy of a letter from the Secretary to m° Anderson
the Admiralty, dated the 19th of June, by which it appears that the
forfeiture of half pay therein adverted to arose from Mr. Anderson
having preferred remaining in that Colony when called upon to
resume his duties in Her Majesty's Navy; and, so far as regards
his application for extra remuneration, their Lordships do not
find that any specific proposition has been made by the Governor,
without which they are not prepared to entertain claims of this
description.
I am to add that, in the event of any necessity arising from the
retirement or superannuation of Mr. Anderson, their Lordships
would be prepared to consider the claims he may have to retired
540
HISTORICAL RECORDS OF AUSTRALIA.
1838.
l'l Aim-.
allowance for services in New South Wales on being furnished witli
the usual specification of the causes for such retirement, and of the
appointments he has held in the Colony, with the periods he lias
been employed in each and the Emoluments he has derived from
them. I am, &c,
A. Y. Speabman.
Removal of
M. Anderson
from list of
naval surgeon;-
[Enclosure No. 2.1
Sir John Barrow to Mr. A. Y. Spearman.
Sir, Admiralty, 19th June. 1838.
Having laid before My Lords Commissioners of the Admiralty
your letter of the Kith Instant, requesting to be informed what
amount of half pay Mr. Matthew Anderson, late Surgeon. R.N.,
would be entitled to in the event of his retiring from the situation
of Medical Officer attached to the Convict Establishment at New-
South Wales ; I am commanded by their Lordships to acquaint you,
for the information of the Lords Commissioners of the Treasury,
that Mr. Anderson was removed from the list of Naval Surgeons
for refusing to serve, and he has no claim whatever on the Medical
Department of the Navy. I am, &c,
John Barrow.
Transmission of
memorial from
T. P. Macqueen.
Land
granted to
T. P. Macqueen.
Invalidity
of claim to
additional
land grant.
Sir George Gipps to Lord Glenelg.
(Despatch No. 122, per ship Marinus; acknowledged by
marquess of Normanby, 10th March, 1830.)
My Lord, Government House, 10th August, 1838.
I have the honor to forward herewith a Memorial, which
has been addressed to Your Lordship by Mr. Potter Macqueen,
preferring a claim to an additional grant of land, which claim
Sir Richard Bourke refused to entertain on the 16th June, 1837,
on the grounds that the orders conveyed to him by your Lord-
ship's Despatch No. 180 of the 31st July, 1836, had reference only
to cases, in which grants of land had been made under the orders
of 1826 and 1827.
Mr. Potter Macqueen received his grant in 1824, at which time
(as far as I am informed) it was not customary to make any
express promise of a secondary grant; but, as the order for Mr.
Potter Macqueen's grant
given in England, the intention
of the Secretary of State in granting it can best be ascertained
from the records of your Lordship's office.
I will only add that it appears to me quite clear that Mr. Mac-
queen cannot claim under the orders of 1826 or 1827, first, be-
cause those orders had no retrospective effect, and secondly,
because they applied only to grants not exceeding 2,560 acres,
whereas Mr. Macqueen's grant was made in 1824 and extended
to 20,000 acres. I have, &c,
Geo. Gipps.
GIPPS TO GLENELG. 54!
[Enclosure.] 183S.
10 Aug.
Tim Eumble Memorial of Thomas Potter Macqueen, al present — —
■ i • i • i , • i i- \- i J.-L ttt i Memorial oi
resident in Sydney in the ( olony oi New boutn W ales, t. p. Macqueen
i." ,.;.. soliciting
^Squire, additional
To 1 l*i- Majesty's Principal Secretary of State for the Colonial land -ram.
Department, etc., etc.. etc.,
Sheweth,
1. Thar, in the month of August, 1824, your Memorialist, in
consideration amongst other things of his declared intention to
invest large sums of money in agricultural pursuits within the
Colony of New South Wales, received from the Right Honorable
the Karl Bathurst, at that time His Majesty's Principal Secretary
of State for the Colonial Department, an Order to His Excellency
the Governor, Sir Thomas Brisbane, to make to your Memorialist
a Primary Grant of twenty thousand (20,000) Acres of land within
the said < 'olony.
2. That the said order was given t<> your Memorialist with the
distinct assurance, on the part of the Secretary of State, that,
under the said Primary Grant, he (your Memorialist) should he
entitled to all the benefits of the Regulations and usages of the
Colonial Government touching Grants of land, one of the said bene-
fits being understood to consist of additional Grants, receivable
after a given term of years from the date of obtaining possession
of the Primary Grants, and upon proof of the investment of ade-
quate capital in permanent improvements thereon.
:!. That, upon the faith of the said order and assurance, your
Memorialist, in the same year < 1 s24 > . chartered and despatched
from England to the said Colony two Ships, namely, the "Hugh
Crawford"* of 420 tons burthen, and the "Nimrod" of 260 tons
burthen.
4. That, by the said Ships, your Memorialist sent out a consider-
able number of carefully-selected Emigrants, shepherds, husband-
men, and mechanics, for the purpose of improving his said Primary
Grant, under the superintendence of Peter Maclntyre, Esqr.. his
principal Agent in the said Colony.
5. That the said Ships were also freighted with a flock of fine
Saxon Sheep, and another of fine Merinos, accompanied by valuable
Highland Sheep dogs, two Stallions of the first blood, the purest
samples of Durham. Devon, and Highland Cattle, amongst which
was a Durham Bull (whose sire. ••Comet." was sold in Northumber-
land for one thousand guineas), allowed to be the progenitor of the
finest breeds of horned cattle in New South Wales: together with
every description of agricultural implements, on the most modern
and ap] (roved models.
0. That the cash outlay, in chartering, freighting, and despatching
the said Ships, can be proved to have amounted to about Eight
thousand Pounds (£8,000) sterling, the whole of which was pro-
vided out of your Memorialist's private funds.
7. That your Memorialist's Primary Grant aforesaid was select ed
and finally taken possession of by your Memorialist's said Agent,
under the authority of His Excellency Governor Darling, in the
year 1S20, the name of " Segenhoe " being given to it.
542
HISTORICAL RECORDS OF AUSTRALIA.
1838.
10 Aug.
Memorial of
T. P. Macqueen
soliciting:
additional
land grant.
8. That Mr. Maclntyre thereupon began to improve the said land
upon a scale, far exceeding in magnitude and expense the efforts
of any other new Settler, either before or since; insomuch that,
within the four years of his holding charge of the estate, that is,
from 1S26 to 1830, he expended thereon, in clearing, fencing, build-
ings, cultivation, and live stock, not less than Eighteen thousand
Pounds (£18,000) sterling, for the whole of which large sum he
drew Bills of* Exchange upon your Memorialist.
9. That, in the year 1830, Mr. Mclntyre was succeeded, as your
Memorialist's Agent, by H. C. Sempill, Esqr., whom your Me-
morialist had for that purpose despatched from England to the
Colony; and from that year to the close of 1836, when his engage-
ment with your Memorialist terminated, Mr. Sempill expended on
the Estate of Segenhoe a further sum of at least Sixteen thousand
Pounds (£16,000) sterling.
10. That your Memorialist is thus prepared to prove that, in
making permanent improvements upon his said Primary Grant, he
has sunk a clear money capital of not less than Forty-two thousand
Pounds (£42,000) sterling.
11. That, by one of the Government Regulations of 1826-7, it is
provided that if, at the end of seven years from the date of his
obtaining possession of his Primary Grant, an emigrant can prove
an expenditure in permanent improvements thereon to the amount
of five times its estimated value, he shall be entitled to an addi-
tional Grant, with a reduction of five per cent, on the Quit Rent;
and, by the Government Notice of the 27th June, 1837, the said
value is estimated at three shillings and four pence per acre, making
the total amount of required expenditure to be sixteen shillings
and eight pence per acre, whereas your Memorialist has shewn more
than Two Pounds (£2) per acre.
12. That, to illustrate still further the valuable character of his
agricultural and other improvements, your Memorialist begs re-
spectfully to inform your Lordship that, in the course of the pre-
sent year, portions of his estate of Segenhoe have been sold at
thirty shillings an acre, for the freehold alone, whilst the stock
is fairly valued at about Thirty thousand Pounds (£30,000) sterling.
13. That, besides the merit of so large an outlay of capital in
territorial improvement, your Memorialist begs respectfully to sub-
mit to your Lordship's consideration several indirect but important
services, which he has thereby rendered to the Colony and to the
Government, namely :
(1) He has employed and maintained about one hundred and
sixty (160) convicts.
(2) He has brought out from Great Britain and Ireland, at his
own expense, the wives and families of about (20) convicts; and
nearly the whole of these convicts, on becoming free or obtaining
tickets of leave, have settled as tenants upon small farms, paying
handsome rents, and furnishing instructive examples of sound
reformation.
(3) He has also brought out from England, at his own expense
about virtuous and industrious emigrants, consisting for the
most part, of first-rate mechanics and agriculturists, all of whom,
after faithfully completing their terms of service with your Me-
morialist, have become the purchasers of Crown lands, on which
they are now prosperously settled.
GIPPS TO GLENELG. 543
(4) By the importation of superior implements of husbandry, 1838.
and of thoroughly experienced agriculturists, lie has been the means lOAug.
of introducing great and valuable improvements into the Colonial Memorial of
methods Of tillage. T. P. Macqueen
(5) During the memorable seasons of drought, from 1827 to addition]
L830, your Memorialist's establishment supplied nearly the whole land grant.
of the upper districts of Hunter's River with grain for seed and
for subsistence.
(6) Jour Memorialist trusts he may add. without ostentation,
that in having personally resided upon his estate for four years,
during which period he erected at his own cost an Infirmary for
Government Servants, providing it with free medical attendance,
contributed largely to the building of Churches, and to the general
.ause of moral and religious improvement, and made over to
trustees, at the special request of the Right Reverend the Lord
Bishop of Australia, two acres of valuable land as the site of a
Protestant Episcopalian Church, and Clergyman's dwelling, he has
afforded an example in some degree beneficial t<> the Colony.
14. That, on the promulgation of the Government Notice of date
the 1^7 June, 1837, setting forth the conditions upon winch your
Lordship had authorised the Colonial Government to make addi-
tional Grants of Land, your Memorialist applied to His Excellency
Sir Richard Bourke for the additional Grant to which he conceived
he was justly entitled : when he was given to understand that the
terms of your Lordship's instructions did not enable His Excel-
lency to comply with your Memorialist's request, on the ground
of his Primary Grant having exceeded the ordinary maximum of
two thousand five hundred and sixty (2, SCO) Acres.
15. That your Memorialist most respectfully but confidently sub-
mits that his is one of those special cases, which cannot in fair-
ness be bound by the letter of the ordinary Regulations, and for
which a special provision was made by the 20th paragraph of the
Regulations dated " Colonial Office, Downing Street. November,
1^J4," and by the 23rd paragraph of those dated "Colonial Office,
Downing Street, April, 1S27," which provide that " persons desirous
to receive Grants of land without purchase, on terms different from
those above stated, must lay before the Secretary of State a full
explanation, in writing, of the circumstances which they may con-
ceive to exempt them from the fair operation of these general
Rules."
16. That the said paragraph, inserted in two separate sets of
Regulations, would seem distinctly to recognise the principle that
the conditions, by which ordinary Grantees were restricted, were
never intended either to deprive the subject, under special circum-
stances, of the right of appeal to the Secretary of State, or the
Secretary of State of the power of meeting such appeal in a fair
and equitable spirit.
17. That your Memorialist humbly trusts he has herein laid
before your Lordship such an explanation of the circumstances,
which he conceives to exempt him from the fair operation of the
general Rules, as may induce your Lordship to place his case upon
a separate and independent footing, and to cause it to be deter-
mined upon its own intrinsic merits.
544
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
10 Aug.
ial of
T. P. Mac-queen
soliciting
additional
land grant.
13 Aug.
Transmission
of memorial
from
H. I. Pilcher.
Reasons for
refusal of
additional
land grant.
Wherefore your Memorialist humbly prays that your Lordship
will be phrased to take the premises into your favorable considera-
tion, and to direct any enquiry to be made into the truth of the
foregoing statements which to your Lordship may seem proper;
and that your Lordship, upon being satisfied therewith, will lie
] (leased to instruct His Excellency the Governor of New South
Wales to make to your Memorialist an additional Grant of Land,
proportioned in extent to his outlay upon his Primary Grant, and
to the services he has thereby rendered to the Colony.
And your Memorialist will ever pray, etc., etc., etc.
[Unsigned.]
Sydney. New South Wales, 25 June, 1838.
Sir George Gipps to Lord Glenelg.
(Despatch No. 123, per ship Marin us: acknowledged by
marquess of Normanby, 12th March. 1839.)
My Lord, Government House, 13th August, 1838.
I have the honor to forward herewith a Memorial, which
has been addressed to Your Lordship by Mr. Henry Incledon
Pilcher, in consequence of his having been refused an additional
grant of land under circumstances which I will briefly detail.
Mr. Pilcher, being an Emigrant under the Kegulations of
April, 1827, and having received a primary Grant of 1,920 acres,
would be entitled to an additional grant if he could prove, to
the satisfaction of the Commissioners appointed under a Local
act, 5th Willm. 4th, No. 21, that he had complied with all the
conditions on which he received his original Grant, one of which
was that he should expend Capital on the land to the amount
of 16s. 8d. per acre, or which is the same thing to the amount
of five times the estimated value of the land at 3s. 4d. per acre.
The Commissioners report that Mr. Pilcher has not made this
necessary outlay, although he has expended more than the re-
quired amount on other land at a distance of 25 miles from that
which was granted to him.
The directions of your Lordship being that, in every ca>e
respecting additional Grants, the Regulations are to be con-
strued strictly, I have not thought myself at liberty to admit
Mr. Pilcher's claim, nor can I undertake to advocate it with your
Lordship at a time when our Land Revenue is so seriously
affected by the extension of Additional Grants.
I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this memorial is not available.]
GIPPS TO GLENELG. 545
Sib George Gipps to Lord Glenelg. A83^-
15 Aug.
(Despatch No. 124, per ship Marinus; acknowledged by
marquess of Normanby, L2th March. 1839.)
My Lord. Government House, 15th August, 1838.
1 have had the honor to receive your Lordship's Despatch Despatch
No. 63 of the 5th Jany., 1838, in which your Lordship require-
further information on the subject of a claim to a free grant of
hind, preferred by Mr. G. Went worth on the ground that he had
been recommended for a Grant by the Land Board of 1831.
I have now the honor to enclose to your Lordship a Copy of Transmission
the Report of the Land Board referred to; endorsed upon it is a claim of
Minute of Sir Ralph Darling's, which your Lordship will per- £JEj£St?
ceive put a decided uegative upon the recommendation of the
Board; and your Lordship is, I believe, aware that a recommenda-
tion of the Land Board did not of itself confer a right, being
always subject to the approval or disallowance of the Governor.
Whether Sir R. Darling acted harshly or not towards Mr. Decision by
Wentwortli in refusing to act on the recommendation of the
Board is a question on which I am not able to pronounce an
opinion. The recommendation of the Land Board was, it is true,
made prior to the receipt in Xew South Wales of the order for
discontinuing free Grants, and the Minute of Sir Ralph Darling
was written after the receipt of that order; still it would I think
be wrong to conclude that it was in consequence of that order
alone that General Darling refused to make Mr. Wentworth the
Grant, because Sir Ralph Darling did in other cases make such
Grants in fulfilment of promises made under a different state of
things. Sir Ralph Darling assigns, in his Minute as a further
reason for not complying with the recommendation of the Board,
the fact that Mr. Wentworth was already in possession of a large
quantity of land, and it appears that this land (5,000 acres) had
been granted gratuitously to his father, Mr. D'Arey Wentworth,
then recently deceased.
It does not appear that General Darling's refusal to act on the
recommendation of the Land Board was specially communicated
to Mr. Wentworth, the general communication, contained in the
promulgation of the orders of 1831, being judged a sufficient
announcement of the intentions of Government.
Mr. George Wentworth remained perfectly silent for more than Delay of
five years, and it was only on the 24th Xovr., 1836, that he in" submitting
revived his claim by a letter to the Colonial Secretary, of which claim-
I enclose a Copy. I have, &c,
Geo. Gipps.
Skr. I. Vol. XIX— 2 M
546
HISTOEICAL KECORDS OF AUSTRALIA.
1S38.
1 5 Aug.
Report by
land board
re claim of
G. Wentworth
to land grant.
Decision by
R. Darling.
Application bv
G. Wentworth
for land grant.
[Enclosure No. 1.]
The Land Board Report No. 461.
Land Board Office, 18th February, 1S31.
The Board beg Leave to acknowledge the receipt of the Colonial
Secretary's Letter of the 31st August last, covering the application
herewith returned of Mr. George Wentworth for a Grant of Land
and requesting them to take the necessary measures for ascer-
taining the actual amount of that Gentleman's Capital, which is
now available in that Colony for Agricultural purposes.
The Board have accordingly the honor to report —
lrst. That Mr. George Wentworth appeared before them this Day
and furnished them with the accompanying Schedule of Capital
amounting to Two thousand, Nine hundred and forty five pounds.
Mr. George Wentworth, son of the late D'arcy Wentworth, Esquire,
became entitled on his Death, as is proved by Mr. William Went-
worth his referee and Brother, and who is Executor and Trustee
under the Will, to the 10th part of the Personal Estate which will
realize he has no doubt Ten thousand Pounds, so that Mr. George
Wentworth states his share very properly at one thousand Pounds ;
of this Sum about Six hundred Pounds are laid out in Mortgages,
about the one half of which are over due, and might consequently
be readily made Available for Agricultural purposes, And about
Four hundred Pounds consist, according to the testimony of Mr.
William Wentworth, in Money and Notes of hand, in Wheat, imple-
ments of Husbandry, Seed Corn, etc., etc.
2nd. Mr. George Wentworth at present Superintends the Personal
Estate of his late Father for which he receives a Salary, but this
will cease in April.
3rd. The Applicant is possessed of Five thousand Acres at the
Cow Pastures specially bequeathed to him by Mr. Darcy Wentworth
his Father.
4th. Mr. William Wentworth having fully confirmed the State-
ment of his Brother in all particulars, The Board see no objection
to giving to Mr. George Wentworth a Maximum Grant of Land.
He is not Married. C. D. Riddell.
Wm. Dumaresq.
Fredk. A. Hely.
Copy General Darling's decision on preceding Report :
" Cannot receive a Grant of Land under Existing circumstances ;
it appearing besides that He is in possession of a considerable
quantity of Land." R.D.
19th July.
[Enclosure No. 2.]
Mr. G. Wentworth to Colonial Secretary.
Sir, Greendale. near Penrith, 24th November, 183o.
On the 24th of August. 1830, under the then existing regula-
tions for granting Land in New South Wales to persons who were
prepared to prove their possession of such Capital as should entitle
them to a proportionate Grant, I made application to the Land
Board for a Maximum Grant of 2,560 Acres, and had the honor
to receive a communication from it, desiring me to attend before
it on a certain day, viz.. the 18th day of February, 1831. When
having been examined as to the Value of my property and the
GIPPS TO GLENELG. 547
1838.
Application by
<;. Wentworth
Board having expressed themselves Satisfied as to my claim, 1 was
subsequently given to understand that the Board had reported 15 Aug
favorably as to Such claim; but from some reason, for which I
.mi at a loss to account, i have never received any order for the
Selection of I lie Grant. I have therefore the honor to request you for land granl
will Submit this my respectful Application to His Excellency the
Governor to be allowed a ratification of my Claim.
I have, &c.,
G. Wentworth.
Sir George Gipps to Lord Glenelg.
(Despatch No. 112r>. per ship Kinnear.)
My Lord, Government House, 17th August, 1838. 17 Aug.
1 am extremely sorry to have to report to your Lordship Arrival of ship
that the Convict ship " Lord Lynedoch" arrived here on the ^%£%£eh
8ih instt. in a very dreadful state from the ravages of the Scurvy
among the Prisoners embarked in her.
The disease is said to have first manifested itself, when the
ship was a little to the Eastward of the Cape of Good Hope;
19 men died on board, and 114 were conveyed to the Hospital
immediately on their arrival in this Port. Seven have died since
they left the ship, four more are expected to die, and many will
feel the effects of the disease for the remainder of their lives.
On the whole, about 160 have been afflicted with it in a greater
or less degree.
I have appointed a Board of Officers to enquire into the causes Board of
of the appearance of the disease, as well as of the way in which appointed.
it was treated by the Medical officer in charge of the ship; and,
as soon as I have received their Report, I shall forward it to
your Lordship. I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glenelg.
(Despatch No. 126, per ship Kinnear.)
My Lord, Government House, 19th August, 1838. 19 Aug.
The Estimates for the year 1839 being just received from Transmission
the Printer, I think it right to forward to your Lordship Copies andlnTndai
of them, by a vessel (the " Kinnear ") which sails this day for miriute.
England.
I enclose also a Printed Copy of the Minute," which (according
to the custom of this Government) I laid upon the Table of the
Legislative Council with the Estimates.
As the Estimates have not yet been taken into consideration
by the Council, it would be premature for me to make any
* Note 107.
518
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
] 9 Au:
Probable
expenditure
of surplus
revenue.
remarks on them to your Lordship. I will therefore content myself
with requesting your Lordship's attention to the latter part of
my Explanatory Minute, in which it is pointed out that, if the
rate of expenditure, which I found established when I took pos-
session of the Government, be persevered in, the whole accumu-
lated fund of our savings will be exhausted by the end of the year
1839. I have, &c.,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will he found in the " Votes and Pro-
ceedings" of the legislative council.~]
20 Aug.
Transmission
of memorial
from
A. Glennie.
Opinion
adverse to
claim for
land grant.
Memorial of
A. Glennie
soliciting
land grant.
Sir George Gipps to Lord Glexelg.
(Despatch No. 127, per ship Marinus; acknowledged by
marquess of Normanby, 13th March, 1839.)
My Lord, Government House, 20th August, 1838.
It having been represented to me that a promise was
made to Mr. Alfred Glennie by Sir Richard Bourke, and re-
peated by Colonel Snodgrass during his administration of the
Government, to forward the enclosed Memorial to the Secretary
of State, I do myself the honor now to bring it under your Lord-
ship's notice, though I must at the same time respectfully state
that I cannot in the smallest degree undertake to advocate Mr.
Glennie's claim with your Lordship.
Mr. Glennie never received any promise of a grant of Land,
nor was he even eligible for one prior to the year 1831.
It is quite true that, if the orders of 1831 had never been
issued, he might have got a Grant, and so might, I would observe,
thousands of others. I have, &c,
Geo. Gipps.
[Enclosure.]
The Memorial of Alfred Glennie
To His Excellency Lieutenant General Sir Richard Bourke. K.C.B.,
Governor and Commander in Chief in and over the Territory
of New South Wales, and its Dependencies, etc., etc., etc.,
Most respectfully sheweth,
That your Memorialist arrived in this Colony in the month
of January, 1828, having Emigrated from England with a view of
settling as a Farmer and Grazier.
Your Memorialist was then only Seventeen years old, and, being
informed that a minor could not obtain a Grant of Land from the
Crown, accepted the appointment of Clerk to the Bench of Magis-
trates at Patrick's Plains, which was then vacant and which he
has held ever since.
GLENELG TO GIPPS. 549
On the 30th Juno. 1828, Memorialist's Brother, Mr. James Glennie, 1838.
addressed a Letter to the Colonial Secretary, wherein he requested 20Aug.
permission to rent a portion of vacant J, and near his own farm, Memorial of
until .Memorialist should he old enough to obtain a grant of Land. A. Glennie
The Colonial Secretary acquainted Mr. .lames Glennie in reply (by soliciting
Letter dated the 2nd August, L82S) that "the Land in question «nd grant
had been selected by another Individual, but, independently of that,
the arrangements would not have permitted his request to be com-
plied with."
About the Year 1832, your Memorialist, after becoming of Age,
applied personally at the Office of the Colonial Secretary, but was
then informed that, in consequence of his holding a Government
appointment, he was not entitled to receive a Grant of Land from
the Crown.
Your Memorialist, having thus been disappointed in the hopes
of obtaining Land, which he entertained on leaving England, and
being well aware that Crown Lands were granted to other Indi-
viduals holding Government situations, as well as to persons under
Age, most respectfully Solicits Your Excellency's kind considera-
tion of his case, and prays that Your Excellency will be pleased to
transmit to the Right Honorable the Secretary of State a recom-
mendation that your Memorialist may be allowed a Grant of Land
proportionate to his Merits, in lieu of which he will gladly give
up his present appointment which he has held nearly ten Years.
And your Memorialist, as in duty bound, will Ever pray.
Alfbed Glennie.
Patrick's Plains, Hunters River, 15th November, 1837.
Lord Glenelg to Sir George Gipps.
(Despatch No. ISO, per ship Alfred.)
Sir, Downing Street, 22 August, 1838. 22 Aug.
I enclose for your information and guidance the Copy instructions re
of a Letter from the Secretary at War stating in what cases it purchase of °n
is adviseable that discharged Soldiers should be allowed a re- land for
mission of Money in the purchase of Land. I have, &c, solars?6'
Glenelg.
[Enclosure.]
Mr. E. Marshall to Ltnder Secretary Stephen.
Sir. War Office, 6th August, 1838.
With reference to your Letters of the 12th May last and
6th Ultimo. I am directed by the Secretary at War to state for the
information of Lord Glenelg that Lord Ho wick is of opinion that
Such Infantry Soldiers, as are discharged in the Colonies after
15 years' service and are therefore in a situation to receive free
Discharges with gratuities, should have such indulgence as the
Secretary of State for the Colonial Department may think proper
to grant with respect to the purchase of land, but that Soldiers
of shorter service, who purchase their discharges, should not have
the same advantage. I have, &c,
E. Marshall.
550
HISTORICAL RECORDS OF AUSTRALIA.
183S.
22 Aug.
Address to
H.M. Queen
Victoria
received.
Lord Glenelg to Sir George Gipps.
(Despatch No. 181, per ship Alfred.)
Sir, Downing Street, 22 August, 1838.
I have received your dispatch No. 40 of the 19th March
last, transmitting an address to the Queen on Her accession from
the Inhabitants of Maitland and its vicinity in the Colony under
your Government.
I have had the honor to lay this address before the Queen, and
Her Majesty was pleased to receive it very graciously.
I have, &c,
Glexelg.
Claim by
J. Mackay for
bounty on
introduction of
Indian coolies.
Opinion
adverse
to claim.
Sir George Gipps to Lord Glenelg.
(Despatch No. 128, per ship Marimis ; acknowledged by
marquess of Normanby, 15th March, 1839.)
My Lord, Government House, 22nd August, 1838.
I have the honor to transmit herewith a Memorial, which
has been addressed to your Lordship by Mr. J. Mackay, re-
questing he may be allowed Bounties at the rate of six pounds
per head on certain Natives of India, called Hill Coolies, which
have been introduced by him into the Colony of New South
Wales. Your Lordship will observe that Mr. Mackay founds his
claim upon the fact of a Bounty having been recommended by
a Committee of the Legislative Council of New South Wales in
1836, and also on some expectations alleged to have been held
out to him by Sir Richard Bourke.
Without attempting to dispute the alleged fact of Mr. Mackay's
having been induced in some degree by these expectations to
bring Natives of India (to the number of forty one) to New
South Wales, I must remark to your Lordship that by no act of
the Government were Bounties on them ever promised ; and, con-
curring as I entirely do with the sentiments expressed in your
Lordship's Despatch No. 46 of the 14th Deer., 1837, on the sub-
ject of the proposed importation of Natives of India to this
Colony, I cannot take on myself to advocate with your Lordship
Mr. Mackay's claim to remuneration or bounty.
I have, &c,
Geo. Gipps.
[Enclosure.]
\_A copy of this memorial is not available.]
GLENELG TO GIPPS. 551
Lord Glenelg to Sir George Gipps. isss.
23 Aug.
i Despatch No. 182, per ship Alfred.)
Sir, Downing- Street, 23 August, 1838.
1 have received Sir Richard Bourke's dispatch, No. 110 of Despatch
the Gth of November last, transmitting the Report of a Com-
mittee of tlic Legislative Council of New South Wales appointed
to enquire into the state of the Tunnel for conducting water
into the town of Sydney, and the claims to further remuneration
of Mr. Busby who superintended the work from its commence-
ment to the 30th of June, 1837.
Having referred the subject for the consideration of the Lords
Commissioners of the Treasury, I have the honor to acquaint
you that Her Majesty's Government are prepared to sanction Allowances for
the payment of One Thousand Pounds to Mr. Busby by way of Busby re'
gratuity in addition to what has been already authorized, and tunnel for
also the issue to Mr. William Busby of a Sum equal to One Hun- of Sydney.
dred Pounds per annum by way of Salary, and Fifty pounds for
the keep of a Horse for the period commencing the 1st of May,
1831, during which he was discharging the duties of Assistant
Superintendent on the Tunnel without a Government Salary.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 184, per ship Alfred.)
Sir, Downing Street, 24 August, 1838. 24 Aug.
I have the honor to transmit to you a Copy of an Act statute to
which has been passed this Session to continue for another year SJfite^ Geo
the Act for the Administration of Justice in New South Wales IV., c. ixxxiii.
and Van Diemen's Land.
The enquiries of the Select Committee of the House of Com- Reasons for
mons on the subject of Transportation, to which I referred in my continuance of
Despatch No. 368 of the 25th August, 1837, were renewed in the
present Session, but circumstances, over which Her Majesty's
Government had no control, delayed the completion of those en-
quiries and the adoption of a report until a very late period of
the present Session. The evidence and the Eeport, although
recently presented to the House of Commons, have in fact not
yet been printed and circulated. In consequence in great mea-
sure of this delay, Her Majesty's Government have thought it
necessary to postpone until the next session submitting to Par-
liament any alteration in the existing Act. I have, &c,
Glenelg.
[Enclosure.]
; [This was a copy of the statute 1-2 Vict., c. L]
552
HISTORICAL RECORDS OF AUSTRALIA.
1838.
24 Aug.
Refusal of
land grant
for C. Pro\rt.
Lord Glenelg to Sir George Gipps.
(Despatch No. 185, per ship Alfred.)
Sir, Downing Street, 24 August, 1838.
I have received your despatch No. 47 of the 2d of April
last, enclosing a Memorial from Mr. Cornelius Prout praying for
a Grant of Land.
I have to request that you will acquaint the Applicant that it
is not in my power to accede to his request. I have, &c.,
Glenelg.
Schedules of
contents of
despatches
to be
transmitted.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Alfred.)
Sir, Downing Street, 24 August, 1838.
In the printed book of regulations which has been for-
warded to you from this Department, a rule is laid down at
Page 85, Paragraph 14, respecting the transmission, with each
series of dispatches, of Schedules stating their contents, etc.
This regulation, when adhered to, has facilitated the dispatch
of public business.
I am anxious, therefore, that it should be punctually observed
in every instance, and with that view I have marked this dispatch
" Circular," although in some cases the communication may not
be necessary in consequence of the rule having been already
attended to. I have, &c,
Glenelg.
Arrival of
J. Digby
and wife.
Erection of
lunatic
asylum.
Maintenance
of lunatics.
Sir George Gipps to Lord Glenelg.
(Despatch No. 130, per ship Marinus.)
My Lord, Government House, 24th August, 1838.
With reference to your Lordship's Despatches of 29th
Sept., 1837, No. 377, 31st Octt., 1837, No. 18, 11th Deer., 1837,
No. 39, 26th Jany., 1838, No. 67, I have the honor to report to
your Lordship that Mr. and Mrs. Digby arrived at Sydney on the
1st July last.
The New Lunatic Asylum* will not be ready for the reception of
Patients until about the middle of October; but, as soon as it is
occupied, I shall take measures for carrying into effect your
Lordship's instructions, contained in the last of the above-
mentioned Despatches, for charging against the Colony the ex-
pense of maintaining in the Asylum Lunatics who are not
Convicts. I have, &c,
Geo. Gipps.
Note 27.
GLENELG TO GIPPS. 553
Lord Glenelg to Sib George Gipps. o1-838-,.
(Despatch No. 186, per ship Alfred.) 25 ug.
Sir, Downing Street, 25 August, 1838.
I have received Colonel Snodgrass' Despatch No. 21 of Despatch
the 7th of February enclosing applications from Messrs. Elyard at
and Newcombe, Clerks iii the Colonial Secretary's office at New
South Wales, for augmentation of Salary.
Her Majesty's Government will not object to those Gentlemen Concessions
i • hi i , i • i." • i x- li • eranted re
being allowed to reckon their respective periods ot Service aSgaiarfesof
CKrks of the Hrst class under the arrangement suggested in the ^^v"^-'1
Report of the Board, assembled by order of Sir Richard Bourke, Newcombe.
from the dates at which their Salaries under the Regulations
previously in force were severally raised to £300 per annum, which
however in both instances appear to have only taken place from
the year 1836.
Her Majesty's Government, however, cannot feed warranted in
giving any further retrospective effect to those Regulations.
I have, &c,
Glenhij;.
Lord Glenelg to Sir Georoe Gitcs.
i Despatch NO. L87, per ship Alfred.)
Sir, Downing Street. 25 August, 1838.
I have received your dispatch, No. 58 of the 12th of April Appointment
last, reporting" the nomination of Mr. Ryan Brennan to the Office Brenanas"
of Third Police Magistrate of Sydney, vacant by the resignation thirc! Pjjj-06
of Mr. Young, and proposing that he should hold that appoint-
ment in conjunction with the Office of Coroner which he already
filled.
In my dispatch No. 174 of the 6th Instant, I authorized yon
to offer to Mr. Brennan the Office of Clerk of the Crown at
Port Phillip with a Salary of £400 per annum; but, as the com-
bination of the Offices to which you have appointed Mr. Brennan
appears to have been indispensable, and will confer on him a
higher rate of Salary than the situation at Port Phillip, I have Confirmation of
much pleasure in confirming Air. Brennan as a Police Magis- aPP°intmPI
trate and Coroner of Sydney. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 1S8, per ship Alfred ; acknowledged by
Sir George Gipps, 30th July, 1839.)
Sir, Downing Street, 25 August, 1838.
I have received an application from Mr. John Batman of Application by
Port Philip for permission to purchase at a moderate price and purchase "and
not subject to public Competition a portion of Land* in that at Melbourne.
* Note 108.
554
HISTORICAL RECORDS OF AUSTRALIA.
1838.
25 Aug.
Principle
to control
application.
Proposed
allowance
for value of
improvements.
Settlement not exceeding twenty Acres, on which he states that
the House and Premises inhabited by himself and his family art
situated, having already expended upwards of £1,500 in improve-
ments on the Land.
You will be so good as to call on Mr. Batman for a Copy oJ
his letter.
If, on the receipt of his Application, the result should be t(
shew to the Conviction of yourself and your Council that the
facts are accurately stated by Mr. Batman, the case would appear
plainly to fall within the principle laid down in the letter,* whicl
was addressed by my directions to the Port Phillip Associatioi
on the 27th July, 1837, the scope and meaning of which was cor-
rectly interpreted in the Minute* of the Executive Council of youi
Government No. 25, dated 21 October, 1836.
Under these circumstances, I am of opinion that, in the pur-
chase of the Land on which his House was built, with any adjs
cent land actually cultivated by him as a Garden or improved by
any material outlay, previously to the arrival at Port Phillip of
the general Instructions on the subject of the disposal of the
Crown Lands in this Settlement, Mr. Batman should be allowed
the fair value of such improvements. I have, &c,
Glenelg.
Despatch
acknowledged.
Searches to
be made for
T. Durant.
Sir George Gipps to Lord Glenelg.
(Despatch No. 131, per ship Marinus.)
My Lord, Government House, 25th August, 1838.
I have had the honor to receive your Lordship's Despatcl
of the 29th Jany., 1838, No. 70, enclosing a Copy of a letter froi
Mrs. Durant respecting the fate of her brother, who is stated tc
have been wrecked in the " American Transport " in the Torres'
Straits ; and I have the honor to report that I have communicated
to the undermentioned Captains and Commanders of ships in
Her Majesty's Service your Lordship's desire that they will use
their best endeavours to ascertain whether Mr. Durant, and the
other young man stated to have been his companion, are yet alive,
and if possible to rescue them from their state of suffering.
Captain Sir J. Gordon Bremer, H.M.S. "Alligator"; Com-
mander Wickham, H.M. Surveying Vessel "Beagle"; Captain
Bethune, H.M.S. " Conway."
All these officers will shortly visit Torres Straits, and they have
engaged to pay every attention to your Lordship's wishes.
Note 109.
GLENELG TO G1PPS. 555
I have also taken steps to make known the probability of Mr. 1838.
Durant's being alive and in the hands of the savages to the Com-
manders of various Merchant Vessels, about to visit the Straits, ^ven™*1011
and particularly to Mr. Watson, owner and master of a schooner merchant
called the " Essington," who is about to visit Murray's Islands,
and will afterwards join Sir Gordon Bremer at the proposed New
Settlement* on the Northern Shores of Australia.
I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 189, per ship Alfred.)
Sir, Downing Street, 27 August, 1838. 27 Aug.
I have the honor to transmit to you a Copy of a letter
from the Board of Treasury, enclosing a Correspondence which
has passed between the Officer in charge of the Commissariat in
New South Wales and the Colonial Secretary on the subject of
certain Convicts employed under the Town Surveyor; and I have Maintenance
to desire that, in compliance with the suggestions of the Lords employed by
Commissioners of the Treasury, unless these Convicts are as- town smve.vor-
signable as servants, the expense of victuall'g them may be
defrayed from the Funds of the Colony. I am, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers. 15th August. 183S.
I am commanded by the Lords Commissioners of Her Ma-
jesty's Treasury to transmit copy of a Letter, addressed by the
Officer in charge of the Commissariat in New South Wales on the
7th of February last to the Colonial Secretary, suggesting that the
Convicts employed under the Town Surveyor should be victualled
at the expense of the Colony, together with copy of Mr. Deas
Thomson's reply thereto ; and I am directed to request that, in
submitting these papers to Lord Glenelg. you will observe to his
Lordship that, as the Convicts therein referred to do not appear
to be Penal Labourers, but Labourers who. if they were not re-
tained in the Service of the Colonial Government, would be assigned
as Servants to Settlers, my Lords conceive that the expense of their
maintenance ought to be defrayed from Colonial Funds : and they
request that his Lordship will call the attention of Sir George
Gipps to the application of Deputy Commissary General Miller, and
apprize His Excellency that, unless the Convicts alluded to are
not assignable as Servants, that application should have been
complied with. I am, &c,
A. Y. Spearman.
*Note 37.
556
HISTORICAL RECORDS OF AUSTRALIA.
1S3S.
27 Aiis?.
Proposal re
maintenance
of convicts
employed by
town surveyor.
[Sub-enclosure No. 1.]
Dep. Commissary-Genl. Miller to Colonial Secretary Thomson.
Sir, Commissariat, Sydney, 23 November, 1837.
I have the honor to state, for the Information of His Excel-
lency the Governor, that the Convicts, assigned to the Department
of the Town Surveyor and employed as Mechanics, Boatmen,
Watchmen and Garters in Sydney Streets, etc., about 50 in number,
still continue to be supplied with Rations at the charge of the
Military Chest ; and, as these men are not wrought in Irons nor
for punishment, but rather in the character of assigned Servants
for the benefit of the Colony, there does not appear to be any reason
why their rations should not be transferred to the charge of the
Colonial Secretary, in the same manner as those of Convicts as-
signed to other Colonial establishments, and which I beg to propose
for His Excellency's consideration. I have, &c,
Wm. Miller, D.C.G.
Convicts to
be maintained
by military
chest.
[Sub-enclosure No. 2.]
Colonial Secretary Thomson to Dep. Commissary-Genl. Miller.
Colonial Secretary's Office,
Sir, Sydney, 4th December, 1837.
I have the honor to acknowledge the receipt of your letter of
the 23d of Novr. suggesting that the men under the Town Surveyor
should be victualled by the Colony ; and, in reply, I am directed by
His Excellency the Governor to inform you that the Convicts
alluded to in your communication, being employed on the Streets,
are to continue as in other similar cases to be rationed at the ex-
pense of the Military Chest. I have, &c,
E. Deas Thompson.
Despatch
acknowledged.
Remittance
by W. Foster
to his wife.
Second
remittance.
Sir George Gipps to Lord Glenelg.
(Despatch No. 132, per ship Marinus.)
My Lord, Government House, 27th August, 1838.
I have had the honor to receive your Lordship's Despatch
of the 26th Oct., 1837, No. 16, by which I was informed that
Mrs. Foster had complained to your Lordship of the nonperform-
ance on the part of her husband of an agreement, which he had
entered into to appropriate to her use a portion of the salary
which he receives as Superintendent of Convicts at Norfolk
Island; and, in reply, I have to acquaint your Lordship that it
has been proved to my satisfaction by Mr. Foster that he re-
mitted from Norfolk Island to Sydney in the month of Sept.,
1837, the sum of £60 for the use of his wife, and that the same
was remitted to Mrs. Foster in England in the form of an order,
dated the 22nd Deer., last, on the firm of D. Cooper and Co. of
London from Mr. James Holt, a Merchant of Sydney.
I have also to inform your Lordship that a further sum of £60
has been since paid into the Colonial Treasury by Mr. Foster,
GLEXELG TO GIPPS. 557
and that an order was forwarded to Mr. Barnard on the 18S8.
26th August last to pay an equal amount to the order of Mrs.
Foster.
The salary of Mr. Foster as Superintendent of Convicts at Salary of
Norfolk Esland is £150 per annum; the sum which he ought to
allow his wife, according to his own agreement is therefore £7.").
and I shall call on him in future to remit this sum in lieu of only
£60. I have, &c,
Geo. Gipps.
Lord Glenelq to Sir George Gipps.
(Despatch No. 191, per ship Alfred.)
Sir. Downing Street, 28 August. 1S3S. 28 Aug.
I have received your Dispatch No. 45 of the 29th of Despatch
March last, transmitting a Memorial from Lieutenant A. Martin, ackll^vI^H-
R.X., praying for a Grant of Land.
I entirely concur in your observations on Mr. Martin's applica- Refusal of
tion, and I have to request that you will acquaint him that it fo^AfMartin.
cannot be complied with. I have, &c,
Glexelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 102. per ship Alfred.)
Sir, Downing Street, 28 August, 1S38.
I have received your Dispatch Xo. 42 of the 22d of March Letter
last, transmitting a letter addressed to me by Captain King, R.X., f,6^1''1
on the subject of his not being placed in the Legislative Council p- p- Kins-
<>f Xew South Wales.
As I cannot anticipate any advantage either to Captain King Further
or to the Public at large in prolonging the correspondence on declined"
this subject, I must decline to pursue it any further.
I have, &c,
Glexelg.
Lord Glexelg to Sir George Gipps.
(Despatch No. 103. per ship Alfred.)
Sir, Downing Street, 28 August, 1838.
I have received your dispatch No. 50 of the 5th of April Despatch
last transmitting a Memroial from Mr. John Henry Berner ack»™ ledsed-
praying for a Grant of Land.
You will be so good as to inform Mr. Berner that I cannot Refusal of
comply with his application. I have, &c, j! H.^Srner'1*
Glexelg.
558
HISTORICAL RECORDS OF AUSTRALIA.
1838.
28 Ay*.
Despatch
acknowledged.
Refusal of
land grant
for R. Linch.
Lord Glenelg to Sir George Gipps.
(Despatch No. 194, per ship Alfred.)
Sir, Downing Street, 28 August, 1838.
I have received your Despatch Xo. 44 of the 27th of March
last respecting Mr. Richard Linch's claim to a Grant of Land.
You will be so good as to acquaint Mr. Linch that it is not in
my power to accede to his request. I have, &c,
Glexelg.
Approval of
appropriation
act for 1838.
Instructions re
appropriation
of land fund.
Report
required re
ordnance store
department.
Approval of
estimates.
Lord Glenelg to Sir George Gipps.
( Despatch No. 195, per ship Alfred. )
Sir, Downing Street, 28 August,, 1838.
I have received Sir Richard Bourke's dispatch No. 70 of
the 28th July, 1837, transmitting the Estimates of the Expendi-
ture of the Government of New South Wales for the present
year with the Annual Appropriation Act, and I have to signify
to you the approval of Her Majesty's Government of the Pro-
visions, which they contain, referring you however to my Dis-
patch No. 71 of the 30th January last on the subject of the newly
created Office of Crown Prosecutor.
I enclose for your information and guidance the Copy of a
letter from the Board of Treasury respecting the Expenditure of
your Government.
It must be distinctly understood that it is only in the event of
a deficiency in other branches of the Revenue in providing for
the ordinary expenditure of your Government that H.M. Govt,
can sanction any portion of the Land Fund being diverted from
the purposes of Emigration.
You will be so good as to send home, for the information of
the Lords of the Treasury, a special Report on the subject of
the Ordnance Store Department. I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 13th August, 1838.
The Lords Commissioners of Her Majesty's Treasury having
duly considered the estimates of the expenditure of the Government
of New South Wales for the year 1838, with the annual appropria-
tion Act forwarded to them in your letter of the 31st of last Janu-
ary, and assuming that Lord Glenelg does not disapprove of the
Regulations relating to the classification and periodical increase of
the Salaries of Clerks in the Colonial Service, which is adverted
to in the Governors Minute, I have received their commands to
GLENELG TO GIPPS. 559
state thai it does not occur to them to be necessary to add any 1838.
thing to His Lordship's remarks on the newly reported appoint- 28 Ax}&
ment of Crown Prosecutor for the Quarter Sessions, or to object ^pprovalof
in any other respect to the Provisions of the Estimate and appro- estimates.
priation Act. They therefore propose to forward copies of these
documents to the Commissioners of Audit for their guidance, ap-
prizing them of the further enquiry that will be addressed to the
Governor relative to the office of the Crown Prosecutor.
Their Lordships, however, deem it necessary to observe to Lord instructions
Glenelg that, as a Sum of £.10.000 is included in the estimated re- g^SSJriatioTi
sources of the year as a balance that will be available from the oflandfund;
Crown Land Revenue, after deducting charges of Immigration, they
trust that the whole of the proceeds of that revenue for the year
will not have been appropriated to Immigration expenses, until it
shall have been ascertained that the produce of the other branches
of the Revenue will be such as to render it unnecessary to apply
any portion of the Land fund to the ordinary expenditure of the
Colonial Government : and. as it would appear from the Estimate,
and from Sir Richard Bourke's Minute, that he had found it neces-
sary to re-establish a Colonial Store Department, the discontinu-
ance of which was one of the objects contemplated in the employ-
ment of an Ordnance Storekeeper's Establishment in New South
Wales, their Lordships conceive it will be advisable to call upon
the present Governor for a special Report as to the necessity for and re
maintaining the Ordnance Store Department at its present strength, rePorton
. , . ,. , , \ i- , ,-' , , ordnance store
notwithstanding its having been thus relieved from one branch department.
of the Duties it was intended to perform. I am. &c,
A. Y. Spearman.
Lord Glenelg to Sir George Gipps.
(Despatch No. 196, per ship Alfred: acknowledged by
Sir George Gipps. 17th September, 1830.)
Sir, Downing Street, 28 August, 1838.
I have received your Dispatch No. 59 of the 13th of April Despatch
last and its enclosures respecting the suspension of Mr. H. F. ac nowe gfcC-
White, an assistant in the Surveyor General's Department.
The fact of Mr. White having diverted the Public property Approval of
under his charge to his own benefit is clearly substantiated in ilf! whi°e.
the documents, which you have sent home, and is indeed admitted
by himself, while the very slight apology made for that abuse of
his Official Authority is directly contradicted in point of fact,
and is wholly unproved by Mr. White. I can therefore only
concur with you in considering Mr. White's removal from Office
to be indispensable.
I have no reason to doubt that the complaints preferred by Charges by
Mr. White against the Police Magistrate, Mr. Gray, were rightly 5afns^hlte
decided by Colonel Snodgrass, altho' it does not appear that w- N- Gray-
evidence was received either in support or in refutation of them.
I apprehend that there might be an apparent if not a real failure
560
HISTORICAL RECORDS OF AUSTRALIA.
1838.
28 Aug.
Inquiry
ordered.
in impartial justice, if Mr. White should not have an opportunity
afforded him of substantiating his charges by the production of
the evidence in support of them either before the Executive
Council or any other competent and impartial persons to be
appointed by you for that purpose. I am of opinion, therefore,
that, if such an enquiry has not yet been instituted, the oppor-
tunity of entering on it ought now to be afforded to Mr. White.
I have, &c,
Glenelg.
Despatch
acknowledged.
Reasons lor
appointment of
Revd. J. Brady.
Adjustment
required re
allowances.
Provision of
R.C. chaplain
for Norfolk
island.
Lord Glenelg to Sir George Gipps.
(Despatch No. 197, per ship Alfred.)
Sir, Downing Street, 28 August, 1838.
I have received your despatch, No. 54 of the 7th of April,,
informing me that the Revd. John Brady, who had been selected
by Dr. Ullathorne to do duty as a Roman Catholic Clergyman at
Norfolk Island, had on his arrival at New South Wales been
appointed by the Roman Catholic Bishop to officiate at Windsor
within the Colony of New South Wales, and of the explanations
which you consequently demanded. I fully approve of the course
which you have adopted on this occasion. Mr. Brady's appoint-
ment was made expressly for the purpose of remedying the urgent
want of religious instruction among the Roman Catholic pri-
soners at Norfolk Island, an object to which the attention of
the Government has been earnestly directed as one of the greatest
importance. With this view the expense of Mr. Brady's passage
was defrayed out of the funds of this country applicable to con-
vict services, and his Salary was agreed to be paid from the same
source. Of course he will not receive any portion of the Salary
assigned from those funds to a Roman Catholic Clergyman at
Norfolk Island, and, if he remains in New South Wales, the £100
advanced for his passage must be repaid by the Colony if his
services are transferred from the Convicts at Norfolk Island to
the mixed inhabitants of the Colony under the existing ecclesias-
tical arrangements. I trust, however, that an arrangement may
have been speedily made for supplying his place at Norfolk
Island, as Her Majesty's Government considered that Dr. Ulla-
thorne had become pledged by the arrangement respecting Mr.
Brady that provision should be made without delay for this
object. [ have, &c.
Glenelg.
GLENELG TO GIPPS. 561
Lord Glenelg to Sir George Gipps. i83s.
(Despatch No. 19S, per ship Alfred.)
Sir, Downing Street, 28 August, 1838.
I have received your despatch, No, 4:1. of the 25th of March Despatch
last, transmitting a Letter from the Sheriff of New South Wales acknowledged,
on the subject of his precedency.
The omission of the Sheriff in the list of persons, to whom Reasons for
rank is assigned in virtue of their offices as established by the sheriff from
Book of Regulations issued from this Department, is justified tabled
■"■ precedency.
by the following considerations.
The title of Sheriff, though adopted in New South Wales as
the most appropriate which could be found for describing the
duties of the Officer who bears it, is still in certain respects in-
applicable.
It was never designed to place him in the position or to dele-
gate to him all the duties or to invest him with the rank of the
high Sheriff in an English County. The corresponding Office in
a large proportion of the other Colonies is designated by the title
of Provost Marshal, to which, however, objection having been
made on the ground of its apparent relation to Military, rather
than to Civil duties, the term Sheriff was substituted in the New
South Wales Charter of Justice. But, the Sheriff of that Colony
being never designed to occupy any other place than that of the
Executive Officer of the Court, it would be attended with much
practical inconvenience to ascribe to him an official rank, which
might be supposed to recognize pretensions of a different kind.
You are aware that, by conventional usage in England, pre- Precedency
eedency is given to the Sheriff in his own County on all occa- °n English
sions of ceremony, not only over all other persons of the same countJ'-
rank in life, but with some few exceptions over all persons, what-
ever may be their personal or official dignity.
To introduce such a principle into the Colonies would give Objections
birth to great jealousies and would encourage the Sheriffs or principle1
Marshals to claim for themselves the right of holding County in colony.
Courts and of presiding in them, and of exercising other powers
which the Crown has never intended to confer on them.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 199, per ship Alfred.)
Sir, Downing Street, 28 August, 1838.
I have received your despatch, No. 55 of the 9th of April Despatch
last, transmitting two letters from Mr. Justice Willis on the sub- acknowled^ed-
ject of his Salary from the date of his embarkation in England
to that on which he entered on his duties in New South Wales.
Ser. I. Vol. XIX— 2 X
562
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
28 Aug.
Refusal of
full salary for
J. W. Willis
during voyage
from England.
Mr. Willis's claim to full Salary during that period cannot be
admitted.
The case, which has occurred in this instance, is not contem-
plated nor provided for by the Charter of Justice which was
made in reference to the single Judge then appointed. Mr.
Willis was appointed to succeed to an Office, which had become
vacant, and the duties were discharged in the meantime by an-
other person. The double issue of Salary under such circum-
stances would be directly contrary to the established rules of the
Colonial Service. I have, &c,
Glenelg.
Theft of
money received
for grinding
corn at tread-
mill.
Lord Glenelg to Sir George Gipps.
(Despatch No. 200, per ship Alfred; acknowledged by
Sir George Gipps, 22nd February, 1830.)
Sir, Downing Street, 28 August, 1838.
I have the honor to transmit the copy of a Letter addressed
to this Department by desire of the Lords Commissioners of the
Treasury on the subject of a Sum of Money received by the
Superintendent of the House of Correction at Sydney for grind-
ing Corn at the Treadmill, which appears to have been stolen from
the Clerk to whose custody it had been entrusted. In calling
your attention to the suggestions contained in the letter from the
Commissioners of Audit respecting the collection and payment
into the Military chest of the money received for work done
at the House of correction, I have to desire that you will furnish
me with an explanation of the circumstances of this case, and
that you will take measures for providing for the safe custody
of such money and for ensuring the more frequent payment into
the Military Chest of the Colony of the sums collected.
I have, &c,
Glenelg.
[Enclosure.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir, Treasury Chambers, 15th August. 1838.
The Commissioners of Audit having represented to this
Board that, upon inspecting the Cash Accounts for the Service at
New South Wales for Septr., 1837, it appears that the Sum of £18,
part of the Money received by the Superintendent of the House of
correction at Sydney for grinding corn at the Treadmill, had been
stolen from the Clerk to whose custody the receipts had been en-
trusted, I have it in command from the Lords Commissioners of
Her Majesty's Treasury to request, in submitting the accompanying
copy of the Commissioners' Report on the subject, you will observe
GLENELG TO GIPPS. 563
to Lord Glenelg thai it appears to my Lords to be necessary that 1838.
ho should call the immediate attention of the Governor of New 28Aug.
South Wales to the suggestion, t heroin offered, in regard to the Instructions
Collection and payment into the public chesl of the money, which proposed
may be received for work done .-it the Bouse of correction at Syd- remonej
noy ; and thai his Lordship should desire Sir George Gipps to fur- treadmill**
Dish the explanation adverted to by the Auditors, and to give tin-
necessary directions for entrusting the duty of collecting this money
to some more responsible party than the Clerk in whose hands it
has been retained. His Excellency should at the same time take
measures for ensuring the more frequent payment into the Military
Chest of the Sums collected. 1 am. &c.,
A. Y. Sl'KA H.MAN.
I Sub-enclosure.]
Tin: Audit Commissioners to Lords Commissioners of Treasury.
My Lords, Audit Office, 27th July, 1838.
We have the honor of representing to your Lordships that,
upon inspecting the cash accounts of Deputy Commissary General
Miller for the Service at: New South Wales for the month of Sep-
tember. 1837, we find that the sum of £18, being a portion of the Theft of
money received by the Superintendent of the House of Correction money received
at Sydney for grinding Corn at the Treadmill had been stolen from COrn"t treSi-
thc Clerk, to whose custody it appears the receipts had been en- mill.
trusted, and that the Governor had authorized the Superintendent
to take credit for the sum of £18, which has been allowed accord-
ingly out of the full sum of £70 7s. 2d. which should have been
paid over to the Military ('best for this service in the period be-
tween the 1st of April and the 31st of August, 1S37.
It also appears that the Superintendent had been instructed to
apply to the Commissary for an Iron Chest, in which to deposit
his collections from this source weekly, and to pay over the amount
to the Military Chest at the end of each month instead of quar-
terly as heretofore.
Upon which we beg leave to observe that, although it may be
presumed that the Governor made such enquiries as were necessary
to satisfy himself of the propriety of allowing this sum, neverthe-
less 'as it does not appear whether any check is established upon
the receipts from this source, and as we consider it doubtful how
far the Clerk alluded to. who is a person receiving a Pay of 2s. 3:1.
a day only, should be as it would appear entrusted almost entirely
both with the receipt and accounts arising therefrom, we submit Proposed
that your Lordships should call upon the Governor to explain the request for
manner in which this service is conducted, and to state whether reP°rt-
any further means can be adopted for the purpose of guarding the
public against loss, in addition to the measures already taken by
the Governor.
It is also proper to remark that the Governor's attention should
be drawn to the circumstance that the payment made in the present
case embraces the period of five months, instead of a quarter of a
year ; at which latter intervals it appears the payments were for-
merly directed to be made. We have, &c,
F. S. Laepent.
h. f. luttrell.
Henry Arbuthnot.
564
HISTORICAL RECORDS OF AUSTRALIA.
1838.
28 Aug.
Despatch
acknowledged.
Transmission
of letter from
Revd. T. Atkins.
Clerical
status of
Revd. T. Atkins.
Employment
in colony.
Inability to
compel refund.
Sir George Gipps to Lord Glenelg.
(Despatch No. 133 per ship Marinus; acknowledged by
marquess of Normanby, 4th April, 1839.)
My Lord, Government House, 28th Augt., 1838.
In reply to your Lordship's Despatch No. 60 of the
2nd Jany., 1838, I have the honor to inform your Lordship that
I have called on Mr. Atkins to refund the sum of £12 9s. paid
for Clerical robes for that gentleman whilst officiating at Nor-
folk Island, the disbursement having been disallowed by the
Lords of the Treasury,, as stated in the letter of their Lordships*
Secretary to Mr. Stephen of the 28th Deer., 1837 ; and I have now
the honor to transmit to your Lordship a Copy of the reply
which I have received from Mr. Atkins, in which he states that
the robes, having been supplied to him by Government, were
considered by him to be public property and left as such at
Norfolk Island, when his employment ceased there.
It is right I should inform your Lordship that Mr. Atkins is
not a Clergyman of the Church of England, nor, as far as I can
learn, has he ever been ordained according to the rites of any
recognized religious community, though at the time he went to
Norfolk Island an intention existed I believe on the part of the
Lord Bishop of Australia to admit him to ordination in the
Church of England.
Mr. Atkins quitted Norfolk Island on the 19th Jany., 1837,
after which he was employed for a time as a Catechist in this
Colony by the Lord Bishop of Australia ; but his connection with
the Church of England has now entirely ceased, and he is I be-
lieve at the present moment seeking a Congregation of Indepen-
dents in Sydney.
Under these circumstances, I feel that I have no power to
compel Mr. Atkins to refund the cost of the robes; and I trust
that this explanation will be satisfactory to your Lordship and
the Lords Commissioners of the Treasury. I have, &c,
Geo. Gipps.
Statement re
clerical robes
at Norfolk
island.
[Enclosure.]
Revd. Thomas Atkins to Colonial Secretary.
Sir, Jamison Street. Sydney, 9th August, 1838.
In reference to the request of His Excellency the Governor,
on the Authority of the Secretary of State, that I will refund into
Commissariat Chest the Sum of Twelve pounds Five shillings paid
for Robes for my use when officiating at Norfolk Island, I beg you
to inform his Excellency that, on my arrival in this Territory, it
was the opinion of the late Colonial Secretary and also of the Lord
Bishop of Australia that Robes should be provided for me by the
Government, and His Lordship Authorised me to provide them, the
GLENELG TO GTPPS. 565
expense of which he promised to see defrayed. That promise is38.
28 Aus;.
His Lordship performed, and. as those Robes were the property
of the Government, when I embarked for Sydney from Norfolk
Island, they were left by me in the settlement.
I am, &c.,
Thomas Atkins.
Lord Glenelg to Sir George Gipps.
(Despatch No. 201, per ship Alfred.)
Sir, Downing Street, 29 August, 1838. 29 Aug.
I have received your Despatch No. 46 of the 31st of Despatch
• • i -ii i , i 11-' ah acknowledged.
March last transmitting a letter addressed to me by Mr. Allan
Park setting forth his claim to an additional grant of Land.
As Mr. Park's case does not come within the rule which has Refusal of
been established in regard to secondary grants, you will be so toifpSk.
good as to acquaint him that I cannot accede to his request.
I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 134, per ship Marians.)
My Lord, Government House, 29th Augt, 1838.
With reference to your Lordship's Despatch of the 14th
Octr., 1837, Xo. 3, on the subject of a division between the Mill- Maintenance
tary Chest and the Colonial Treasury of the expense of main- p0rt°hce at
taining the Police Establishment at Port Macquarie, I have the Macquane.
honor to report to Your Lordship that I have taken measures for
transferring the whole of that expense to the charge of the
Colony from the 1st April last. The Country round Port Mac- opening of
quarie is now as open to Settlers as any other District of the jjjjjfej^*0
Colony, and I am aware of no reason why any difference should
be made in respect to the payment of its Police Establishments.
I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch Xo. 202, per ship Alfred; acknowledged by
Sir George Gipps, 11th July, 1839.)
Sir, Downing Street, 30 August, 1838. 30 Aug.
I have received Sir Richard Bourke's Dispatch with its Despatch
enclosures, Xo. 118 of the 21st November last, respecting the acknowledged,
disposal of the Interest on Public Monies deposited by Govern-
ment Officers in New South Wales in the Sydney Banks.
The course adopted by your Predecessor in calling on the Approval
several Collectors of Revenue to account for any interest re- SL^salVf6
ceived by them on Balances of public money lodged in the Banks interest on
at Sydney has met with the decided approbation of Her Ma- pu lcmoney-
jesty's Government.
566
HISTORICAL RECORDS OF AUSTRALIA.
1838.
30 Aug.
Instructions
re interest on
public money.
The several amounts of interest, reported in the documents,
which accompanied Sir Richard Bourke's dispatch, to have been
placed to the credit of certain Collectors of the Revenue, or
which may have subsequently accrued on Balances of their col-
lections lodged in the Banks, must be paid over to the Colonial
Treasury and carried to the account of the Revenue.
You will be so good as to apprize the Collectors, as well as any
other officers entrusted with the public money, that any future
attempt to retain interest on or derive profit from their respec-
tive public balances will be visited with the marked displeasure
of Her Majesty's Government. I have, &c.,
Glenelg.
31 Aug.
Advance for
emigration
service.
Addresses
received from
R.C. clergy.
Lord Glenelg to Sir George Gipps.
(Despatch No. 203, per ship Alfred; acknowledged by
Sir George Gipps, 23rd February, 1839.)
Sir, Downing Street, 31st August, 1838.
The Lords Commissioners of the Treasury having directed
a Warrant to be prepared for issuing to Mr. Barnard, the Agent
General for New South Wales, the sum of Eight Thousand
Pounds to enable him to meet the Emigration Services and other
current expenses on account of your Government, I have to in-
struct you to repay the said advance into the Military Chest at
Sydney. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 204, per ship Alfred.)
Sir, Downing Street, 31st August, 1838.
I have received your dispatch No. 41 of the 20th March
last, transmitting two Addresses from the Roman Catholic
Clergy of New South Wales and Van Diemen's Land, one of con-
gratulation to the Queen on her accession, the other of Condol-
ence to the Queen Dowager.
I have had the honor to lay the former Address before the
Queen, and Her Majesty was pleased to receive it very graciously.
I enclose the answer which the Queen Dowager has been
pleased to give to the latter address. I have, &c,
Glenelg.
[Enclosure.]
[This was a sealed letter which ivas transmitted to Dr. Voiding
direct. .]
GIPPS TO GLENELG. 567
Lord Glenelg to Sir George Gipps. maub
(Despatch No. 205, per ship Alfred.)
Sir, Downing Street, 31 August, 1838.
I have received Colonel Snodgrass' dispatch No. 22 of the Pjgj^ from
8th February last, transmitting a letter addressed to me by Mr. j. Mitchell.
James Mitchell, together with a printed Statement* on the subject
of bis removal from the Office of Colonial Surgeon in New South
Wales.
I have referred these documents to Sir Richard Bourke, and
the reasons, which he has stated for having removed Mr. Mitchell
from his situation, appear to me so conclusive that I can find no Refusal to
cause for the interposition of my authority. decision of
You will be so good as to communicate this decision to Mr. SirR. Bowke.
Mitchell. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 135. per ship Marinus: acknowledged by
marquess of Normanby, 14th March. 1839.)
My Lord, Government House, 31st August, 1838.
I have the honor to report to your Lordship that, on the Leave of
application of the Chief Justice of this Colony, I have granted h*^! B^adiey
leave of absence to Mr. H. B. Bradly, second Clerk in the
Supreme Court, to return to England on account of ill health.
Mr. Bradly's salary is £350 per annum, and an arrangement
has been made for the performance of his duties during his
absence to the satisfaction of the Chief Justice, by which more
than one half of his salary will be saved; but still, as I have
doubts whether Mr. Bradly comes under the class of officers who Contingent
are allowed to draw half salary during leave of absence, I have haffraiary
made the payment of such half salary contingent upon your
Lordship's approval after Mr. Bradly's arrival in England.
Mr. Bradly was appointed Third Clerk of the Supreme Court Appointments
by the Chief Justice on the 8th Feby, 1834, at a salary of £160 ^sXadiey.
per annum, and promoted to the situation of Second Clerk at his
present rate of salary, vizt., £350 on the 1st Jany., 1837.
Your Lordship is aware that the 9th Section of the Charter of
Justice of this Colony gives to the Chief Justice the power of Officers of
appointing persons to fill all inferior offices in the Supreme IppolntedbT
Court; therefore that the Clerks of the Supreme Court do not chief justice.
stand towards the Head of the Government exactly in the same
position as other Clerks ; but at the same time I am not prepared
to say that they are entitled to any greater indulgence than
others, in respect to leave of absence.
* Note 110.
568
HISTORICAL RECORDS OF AUSTRALIA
1838.
31 Aug.
1 Sept.
Correspondence
transmitted.
Conditions re-
appointment
of clergy and
schoolmasters
to emigrant
ships.
Request for
confirmation
of nomination
of Revd. C.
Stewart.
This is the first time that the question has been raised, and I
think it therefore right to reserve it for your Lordship's decision.
I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 208, per ship Alfred.)
Sir, Downing Street, 1st September, 1838.
I have the honor to transmit to you for your information
the enclosed copies of a correspondence, which has taken place
between my Under Secretary and the Eevd. Dr. Macfarlan rela-
tive to the terms on which the Revd. Colin Stewart has been
allowed the usual grant of £150 for outfit and passage to New
South Wales, as Presbyterian Minister. I have, &c,
Glenelg.
[Enclosure No. 1.]
Revd. Principal Macfarlan to Sir George Grey.
Sir, College, Glasgow, 21st August, 1838.
I have laid before the acting Committee of Assembly on
Colonial Churches your letters of date the 10th and 14th of August,
respecting the appointment of Ministers and Schoolmasters to Ves-
sels with Emigrants for Australia.
In answer, I am directed to represent that the Committee are
perfectly aware of the terms on which such persons receive their
.allowances for outfit and passage, vizt., that they are without any
further remuneration to employ themselves in communicating re-
ligious instruction to the Emigrants during the voyage, and that
after their arrival they are to have no claim to any salary till they
shall have been appointed to particular charges, according to the
regulations of the Colonial Government.
The Committee are particularly on their guard against recom-
mending a larger number of Clergymen than their information gives
them reason to believe are likely to find employment soon after
landing in Australia, and are more disposed for the present to pro-
vide the Vessels conveying Emigrants with Schoolmasters, in the
belief that their services will be more in demand than those of
Ministers; but they feel anxious that their recommendation of
Mr. Stewart should be confirmed by Her Majesty's Government, as
they understand that he has already made arrangements to leave
this country, and should regret his being exposed to the expence
and mortification of a disappointment.
I trust my letters of date the loth Currt. with Extracts of the
Resolutions of the Committee, and of the proceedings of the Com-
mission (the latter composed of all the Members of last General
Assembly) will be found to contain a sufficient answer to the Des-
patches from New South Wales, which Lord Glenelg was pleased to
submit to their consideration in the communication forwarded to
me by his desire under date the 10th of July, and satisfy his Lord-
ship as to the position in which some of those Clergymen, who
were sent out last year, have placed themselves in relation to the
Church of Scotland, and I have, &c,
D. Macfarlan.
GLENELG TO GIPPS. 569
[Enclosure No. 2.] 1S3S.
Sir George Grey to Revd. Principal Macfarlan.
Sir, Downing Street, 30th August, L838.
I am directed by Lord Glenelg to acknowledge your letter Approval of
Of the -1st Instant, and to acquaint you that, under the eircuni- nomination
Stances Which you have stated relative to .Mi-. Colin Stewart, his jftaJJJt ^°'
Lordsliip will not withhold his sanction from the arrangement
which you have proposed, and will authorize the issue to him of
the ordinary allowance for outfit and passage. Until however lie
shall have received further information from the Governor of New
South Wales as to the opportunities of employment for an addi-
tional number of Presbyterian Clergymen, Lord Glenelg would not
feel himself at liberty to charge the revenue of the Colony with the
expeiice of any further allowance for passage and outfit on this
account. I have, &c,
Geo. Grey.
Lord Glenelg to Sir George Gipps.
(Despatch No. -07, per ship Alfred; acknowledged by
Sir George Gipps, 14th and L8th January. 1839.)
Sir, Downing Street, 3d September, 1838. 3 SePt-
On the receipt of Colonel Snodgrass' dispatch No. 24 of Reference
the 17th February respecting the Proceedings of the Revd. Macfarlan'
Dr. Lang, I transmitted a copy of that dispatch and of its enclo- of despatch
i t-» i t-» ■ • 1 1 Tir <• i i r i re schism in
sures to the Revd. Principal Macfarlan, the convener ol the Presbyterian
General Assembly's Committee on Colonial Churches, in order UIC
that the subject might be referred to that Committee for its
consideration.
I now transmit to you the copy of a letter, which I have
received from Principal Macfarlan, enclosing certain resolutions
which had been adopted by the Committee with reference to
those proceedings, and also a letter from the Moderator of the
General Assembly of the Church of Scotland, with an extract
from the Record of the Assembly's Commission on the same
subject.
Adverting to the views expressed in these documents as to the Approval of
position, in which Dr. Lang and those Presbyterian Clergymen, iJSue^alaries
who have acted with him, have placed themselves with regard to to clergy.
the Church of Scotland, I have to convey to you my approval of
the course taken by Colonel Snodgrass with the concurrence of
the Executive Council in declining, under the circumstances
stated in his dispatch, to issue the Salaries applied for by Dr.
Lang on behalf of the six Clergymen named in the proceedings.
These Salaries were assigned to them as Ministers of the
Church of Scotland and cannot be paid to them while they are,
in consequence of their opposition to its recognized authority,
disavowed by that church.
570
HISTORICAL RECORDS OF AUSTRALIA.
1838.
3 Sept.
Salarv of
Revd. J. D.
Lang to be
withheld.
Principle re
stipends of
clergy.
Transmission
of resolutions
of committee
of general
assembly.
Resolutions in
condemnation
of action of
Revd. J. D.
Lang.
With respect to Dr. Lang himself, Colonel Snodgrass felt that
the case was less clear, because his Salary was fixed before the
introduction of the new Ecclesiastical arrangements. So far,
however, as that Salary was assigned to him exclusively in his
character of a Minister of the Church of Scotland and in con-
sideration of the services, which in that capacity he was to render
to the Members of that Church in the Colony, I cannot perceive
any sufficient justification for a continuance of the Salary, after
he shall have ceased to be in connection with the Church.
I earnestly hope, however, that any question of this nature,
both as it respects Dr. Lang and the other Clergymen associated
with him, will be set at rest by their submission to the authority
of the General Assembly.
I wish it to be understood that, in questions of this nature,
Her Majesty's Governemnt have no wish to constitute themselves
judges of Ecclesiastical discipline as affecting the Members of
any Church; but that the principle, on which Salaries have been
assigned to the Ministers of the several Churches in the Colony,
requires that those Salaries should be received only by such
Ministers as remain in connection with and are recognized by
the superior authority in their respective Churches.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Revd. Principal Macfarlan to Sir George Grey.
Sir, College, Glasgow, 15th Augt., 1838.
In compliance with the request of Lord Glenelg, signified in
your communication of the 10th July, I have laid the Document?
from New South Wales, which you forwarded at the same time,
before the Committee of General Assembly on Churches in the
Colonies, at their meeting on Tuesday, the 7th Currt., and am
directed to transmit to you, for his Lordship's information, an
attested copy of Resolutions expressing their opinion on the subject.
I have, &c,
D. Macfarlan.
[Sub-enclosure.]
Resolutions.
At Edinburgh, the seventh day of August, Eighteen hundred and
thirty eight years.
Which day the General Assembly's Committee for promoting the
Religious Interests of the Scottish Presbyterians in the British
Colonies being met and constituted, inter alia, having taken into
consideration the Letter from Sir George Grey to the Governor of
date the tenth of July, Eighteen hundred and thirty eight, and
accompanying documents, Resolve :
First. That the Presbytery of New South Wales constitutes tin
only Ecclesiastical Judicatory in that Colony recognized by the
Church of Scotland.
GLENELG TO GIPPS. 571
Second. That the Church of Scotland gave no authority or sane- is38.
tion to Dr. Lang, or the other persons uniting with him, to assist 3 Sept.
in reconstituting or reorganizing the Presbyterian Church in New Resol^~Bin
South Wales; which Church they held to be validly constituted in condemnation
the Presbytery, but, on the contrary, the understanding of the Com- °f action oi
tnittee and of the Assembly was that Dr. Lang and the persons, Lane! '
who went out with him, wore to unite with and submit themselves
tot iii> said Presbytery.
Third. Thai this Committee strongly condemn the proceedings of
Dr. Lang, and those who have united with him in forming the so
called Synod of New South Wales, as in violation of presbyteriau
order and of the duty incumbent od them; and that, while they
persevere therein, this Committee must recal and withhold any re-
commendatiOD formerly given in their favor to Her Majesty's
Government.
Fourth. That, with reference to the measures which may be
necessary for remedying the grievous evils likely to arise from the
proceedings of Dr. Lang and his adherents, the Committee agree
to refer the Whole matter to the meeting of Commission tomorrow.
Extracted from the Record by Wm. Young, Clerk to the Com-
mittee.
T Enclosure Xo. 2.]
Moderator Mum to Lord Glexelg.
My Lord, Edinburgh, 24th August, 1838.
As Moderator of the General Assembly of the ( 'hurch of Transmission
Scotland, I am appointed to transmit to your Lordship an Extract °f record of
from the Record of the Assembly's Commission relative to the pre- commiss1'
sent state of the Presbytery in New South Wales.
And I have. &c,
William Muir.
[Sub-enclosure.]
Extract from Record.
At Edinburgh, the eighth day of August. Eighteen hundred and
thirty eight years.
Which day the Commission of the General Assembly of the Church Decision by
of Scotland being met and constituted, inter alia, an Extract of commission
the Minutes of a Meeting of the General Assembly Committee on assembly
Colonial Churches held yesterday was laid on the table and the
advice of the Commission on the matter was craved ; of which
extract minutes, the tenor follows. Principal Macfarlane called
the attention of the Committee to a communication from the Colo-
nial Office with correspondence relative to the Scotch Church in
New South Wales, which he had ordered to be printed. He also
read a report drawn up by him as to the state of this matter up to
the date of the proceedings now laid before the meeting, and ex-
pressed his willingness to give any explanations that might be
wished for by any Member present. After much deliberation on
this important matter, Mr. Dunlop proposed the following Resolu-
tions which were unanimously agreed to.
The Committee having taken into consideration the letter from
Sir George Grey to the Governor, of date tenth July. Eighteen hun-
dred and thirty eight, and accompanying documents, Resolve :
[These were a repetition of the four resolutions of the general
assembly's committee.']
572
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
3 Sept.
Decision by
commission
of general
assembly.
The Commission of the General Assembly having heard the Re-
port of the Assembly's standing Committee on Colonial Churches,
and having considered the documents therewith transmitted, ap-
prove of the Report and of the Resolutions of the Committee. The
Commission have learnt with the deepest Sorrow the proceedings,
which have recently been adopted in New South Wales by the
Revd. Dr. Lang and others, who have most unwarrantably at-
tempted to assume to themselves the Character of a Church Judica-
tory, self constituted, in disregarded of the subsisting ecclesiastical
authority in that Colony recognized by the Church of England.
The Commission find that the Representation, which appears to
have led to this measure, vizt., that this Church had considered the
Presbytery of New South Wales to be in a state of disorganisation,
and had authorized the said Revd. Dr. Lang and those Ministers,
who accompanied him to that Colony, to assist in reorganizing and
reconstituting the Presbyterian Church there, is altogether at vari-
ance with the fact. They farther find that, if this measure were
otherwise justifiable, it would have imported an abandonment on
the part of those adopting it of the means in their power to correct
the very evils, of which they complain and which they allege in
vindication of their conduct ; but the Commission unanimously
condemn these proceedings as in all respects unjustifiable, unwar-
ranted, in violation of Presbyterial discipline and order, and of the
duty incumbent on those who have taken part in them, and cal-
culated to be most injurious to the Character of the Presbyterian
Church and to the interests of Religion in a Colony, most important
in itself and in its position with a reference to the Multitudes of
unconverted heathen, in that quarter of the World. The Commis-
sion feel confident that those individuals, who have been misled
into a concurrence in these proceedings, will, on due deliberation,
see the error of their course, and the Commission expect that the
Presbytery of New South Wales, the only Judicatory recognised by
this Church while they with all faithfulness follow out those steps,
which may be necessary for the due enforcement of discipline and
strict investigation of all alleged evils within their own body,
whereby alone they can maintain their proper character as the
Judicatory of a Church of Christ, will with tenderness and affec-
tion readily receive such of their separating brethren as, convinced
of their error, may desire to retrace their steps. With a view in
the meantime to impress upon all parties their duty in this matter,
the Commission resolve that a Pastoral Address to the Ministers,
Elders and People of the Presbyterian Church in New South Wales
in connection with the Church of Scotland, be immediately trans-
mitted ; and, with reference to those further measures which may
be necessary to redress the evils and heal the differencs which have
arisen in that Colony, and in particular in regard to the steps,
which may require to be taken with respect to the individuals,
who, holding the status and character of licentiates or ordained
Ministers of the Church of Scotland, may persevere in refusing to
submit themselves to the Church Judicatory recognised by this
Church, and to which this Church is willing to commit the oversight
of such of her Ministers and Licentiates, as may be settled in New
South Wales, the commission resolve to appoint a Committee to
report thereon to the Meeting of Commission in November, and to
make such preparation, as they may see fit for enabling the
G1PPS TO GLENELG. 573
CommissioD to carry Into Immediate execution the measures recom- i838.
mended by them, should these then be approved. En conclusion, the 3 Si'i>t-
Commission express their high satisfaction at observing the resolu- Decision by
tions of Hie Colonial Government Of New South Wales to enforce commission
the condition adopted by the Legislature of that Colony in regard of general
to the provision for Presbyterian Ministers there settled, and they assemW.
earnestly and confidently trust that they, and that Her Majesty's
Government at home, may persevere in that course, by which the
discipline of the Presbyterian Church and the subordination of its
members to the recognised judicatories thereof may be most effec-
tively secured.
The Commission direct Copies of the above deliverance to be
transmitted to Her Majesty's Secretary of state for the Colonies,
and to the Moderator of the Presbytery <>f New South Wales, and
they also direct a copy of the same and of the resolutions of the
Assembly's Committee, and of the documents transmitted from the
Colonial Office, to he transmitted to the Moderator of the Synod
of Ulster, expressing their hope and expectation that the said
Synod will cordially co-operate with them so far as in their power
for the restoration of subordination, unity, and order in the Presby-
terian Church of New South Wales.
The Commission cannot pass from the subject without expressing
their strongest condemnation of the unwarrantable imputation cast
on the Reverend Principal Maefarlan. Convener of the General As-
sembly's Colonial Committee and other Members of the Committee,
to whose zealous, able and effective labours the cause of the Colonial
Churches is under God so greatly indented.
The Commission appoint the following members a Committee to
prepare an address, and authorize their Moderator to sign and
transmit the same as speedily as possible: — Dr. Muir, Dr. Lee, Dr.
Brunton. Dr. Craig Buchanan. Dr. Clason, Dr. Forhes. Mr. Demp-
ster, Mr. Wilkie. Mr. Liddell. Mr. Lorimer, Mr. Buchanan Glasgow,
Mr. Balfour Graham, Mr. Simpson, Mr. McKenzie, the Procurator
Dr. Brown, Dr. Welsh. Mr. Buchan. Sir Charles D. Ferguson. Dr.
Bryce, Mr. Tennent, Mr. Bonar. Mr. Hope. Mr. Dunlop, Mr. Hog,
Mr. Bridges, Mr. Dalmahoy, Mr. Laurie; Dr. Muir to be Convener.
Extracted from the Records of the Commission of the General
Assembly of the Church of Scotland upon this and the twelve
preceding pages with marginal note on page fourth by John Lee,
ch. Eccl. Scot.
Sir George Gipps to Lord Glenelg.
(Despatch No. 136, per ship Marinus.)
My Lord, Government House, 3rd Sept., 1838.
I have had the honor to receive your Lordship's Despatch Despatch
of the 3rd Jany., 1838, No. 61, enclosing a letter from the acknowledeed-
Secretary to the Treasury dated the 22nd Deer., 1837, requiring
to be informed how certain Bazils or Leg Irons and Religious
Books have been disposed of, which were delivered from the
Convict ship " Lady Nugent " in the month of April, 1835 ; and
prescribing the course which is to be pursued in respect to all
stores, the property of the Board of Admiralty, which may be
574
HISTORICAL RECORDS OF AUSTRALIA.
1838.
3 Sept.
Disposal of
leg-irons and
religious books
ex ship
Lady Nugent.
Statement by
Revd. W.
Cowper.
delivered from Convict ships in New South Wales. In reply, 1
beg leave to report to Your Lordship that the course, prescribed
by the Treasury, will in future be followed in this Government;
and, with respect to the Bazils or Leg Irons landed from the
" Lady Nugent," I have to report that they were delivered on the
12th Feby., 1838, to the Ordnance Storekeeper, but have, since
the receipt of your Lordship's Despatch, been transferred to the
Deputy Commissary General. The Religious Books were de-
livered to the Revd. Wm. Cowper (Senior Chaplain of the Church
of England in Sydney) on the 24th April, 1835, and a receipt
for them taken. The way, in which they were disposed of, is
shewn by the Revd. Mr. Cowper in a letter of which I transmit
a Copy. I have, &c,
Geo. Gipps.
[Enclosure.]
Revd. William Cowper to Colonial Secretary.
Sir, Sydney, 9th August, 1838.
In reply to your Letter No. 38/239 received yesterday, I beg
leave to state that the Books, which were sent to me from the
Convict Ships, I distributed as the Requisitions were made by
Individuals or by Government from time to time for the use of
Convicts at Penal Stations, in Ironed Gangs, or on the Roads, or
Sick in Hospitals. Viz., at Sydney for the Jail, the Hulk, the Tread-
mill, the asylum, and the Hospital ; at Parramatta, for the Female
Factory, the Jail, and the Hospital ; at Liverpool, at Bathurst, at
New Castle, at Maitland, at Moreton Bay, at Norfolk Island, etc.
None of those Books, received by me, were sold either by auction
or otherwise.
Indeed, I scarcely think the Books in question, if sold by Auction,
would have paid the usual expenses attending the Sale ; at the
same time I would observe that, although a very large proportion
of the Books were imperfect or damaged and almost useless ; yet,
those which were in a Condition to afford instruction and edifica-
tion to the serious and well disposed reader, if purchased new by
the Government, would have cost a very considerable Sum of Money.
I have, &c,
William Cowper.
4 Sept.
Despatches
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 20S, per ship Alfred.)
Sir, Downing Street, 4 September, 1838.
With reference to the dispatches from Sir Richard Bourke
referred to in the margin,* I have now to transmit to you, for
your information and guidance, the enclosed copy of a letter
from the Secretary of the Treasury. The subject, to which it
* Marginal note. — No. 79, 12 Augt., 1835 ; No. 92, 15 Sept., 1835 ; No. 60, 10 June,
1836 ; No. 82, 25 July, 1836 ; No. 85, 7 Augt., 1836.
GLENELG TO GIPPS. 575
refers, has undergone very full consideration, and the decision L838.
which I now transmit to you must be considered as the deliberate
result of that consideration.
1 should have been happy, could I have felt myself justified
in adopting a view <>!' this subject more in accordance with the
sentiments entertained by the Members of the Council of New
South Wales in 1835; but I must avow my inability to dispute Principle
the soundness of the arguments, by which the Lords Commissrs. expenditure
of tin1 Treasury have been influenced or to discover any sufficient from colonial
■ i i i t • p t • • -i • revenue.
reason lor withholding my sanction from the application in this
instance of the general principle that expenditure, incurred in
and for the benefit of the Colony, ought, whenever practicable,
to be defrayed out of the Colonial Revenue.
The present state of the Revenue of New South Wales is such state of
as to leave no doubt of its sufficiency to meet these charges, and
I have every reason to anticipate from the measures recently
adopted to promote the immigration into the Colony of a numer-
ous body of free Mechanics and Agricultural labourers that its
resources will rapidly increase.
Under these circumstances, I trust you will have no difficulty
in inducing the Council, without encroaching on those funds
which are primarily applicable to immigration, to provide the
requisite means for defraying that portion of the expense of the
Police and Gaol Establishment, which is not already borne by
this Country. I have, &c,
Glenelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers, 30th September, 1837.
With further reference to your letter of the 1st of May last,
and to the reply to that part of your communication, wiiich related
to the Ecclesiastical Establishments in New South Wales addressed
to you on the 7th of June last. I am commanded by the Lords Com-
missioners of Her Majesty's Treasury to request you will state to
Lord Glenelg that my Lords have had under consideration the Consideration
Estimates of Revenue and expenditure of the Government of that by treasury
Colony for the current year, which accompanied the despatch of an^prSem
Sir Richard Bonrke of the 7th of August, 1836, with the several of police
remaining points to which you had been directed to call their at ten- and gaols.
tion. and have also considered the despatch and report on the sub-
ject of the Police and Gaol Establishments in New7 South Wales,
forwarded to this Board in your letter of the 11th of November,
1836.
I am further commanded to request that you will acquaint Lord
Glenelg that my Lords concur in his Lordship's suggestion that the
arrangements, relating to the Police Establishments which have
been suggested by Local experience and after careful investigation,
should be sanctioned ; and, looking to the state of the Colonial Re-
sources, my Lords see no reason to dissent from the view his
maintenance
of police by
colonial funds
576 HISTOEICAL RECORDS OF AUSTRALIA.
183S. Lordship has taken in regard to the items of increased expenditure,
4 Sept. which appear in the estimate. It consequently only remains for my
Lords to advert to the objections, which have been urged to the
payment of the whole amount of the charges for maintaining the
Police out of the Colonial funds, on which subject my Lords
entirely concur with Lord Glenelg that it is essentially necessary
that some final decision should be adopted.
Reasons for Referring to the communications, which have by my Lords' direc-
tion, been made to Lord Glenelg, relating to the charges in question,
and more particularly to the Letters of the 8th and 21st of Sep-
tember, 1836, and 3d of May last, I am directed to request that you
will observe to his Lordship that the documents now before this
Board confirm the impression previously entertained by my Lords
that the necessity for the very large amount of Police Force, the
respective Governments of New South Wales and Van Diemen's
Land have proposed to keep up, has arisen from the assignment
of the Convict Servants and the natural desire of the Settlers " to
turn to the best account and obtain in the largest proportion the
labour of the convicts thus assigned " ; and as the entire charge
for maintaining and superintending all those Convicts who are in
any respect under Penal coercion, whether from reconviction or
disorderly conduct in the Colony or under their original sentences,
and notwithstanding they are principally employed in Colonial
works, is borne by this country, my Lords can entertain no doubt
of the propriety in every point of view of looking to the Colonial
resources for the means of defraying the whole of the Police ex-
penses.
Adverting in the case of New South Wales now more immedi-
ately in question, to the representation to which my Lords' atten-
tion has been particularly directed by Lord Glenelg, respecting " the
insufficiency of the Colonial Revenues to bear the charge, which
(it is assumed) had so much exceeded the Estimate of His late
Majesty's Government, without encroaching on measures urgently
required for other objects and crippling the means of improving
the social character of the Colony," you will suggest to Lord
Glenelg that, if the transfer of the Police expenses has imposed
on the Colonial funds an additional charge exceeding the amount
of £25,000 per annum, at which it was estimated in the proposition
submitted by direction of this Board to Mr. Secretary Spring Rice
on the 23d of September, 1834, which, adverting to the counter-
vailing effect of the arrangement already noticed in regard to the
entire expense of the Convicts employed on Colonial works, wTould
seem to be very questionable, the excess will have entirely arisen
from augmentation of the numbers of magistrates and of sub-
ordinate Functionaries, which have been made by the local Govern-
ment with a view to the objects already referred to.
You will also state to his Lordship that it has appeared to my
Lords, on inspecting the Estimate accompanying Sir Richard
Bourke's despatch of the 7th of August, 1836, and upon which the
appropriation Ordinance for 1837 was founded, that, by charging
the expense of the Surveyor General's Department to the Crown
Land Fund, to which branch those expenses as entirely contingent
upon the demand for Lands most properly attach, and considering
the surplus which had accumulated in the Treasury as affording
ample provision for the execution of the contemplated Public Works,
the current Revenue as stated in those Estimates, and without
GLENELG TO GIPPS. 577
calculating upon further increase which the experience of previous 1S3S.
years and the progressive improvemen4 of the Colony might have *Sept.
warranted, would have been more than sufficient to defray the Reasons for
expenditure of the year, including the whole augmented charge maintenance
for the Police. of P°1.ic1e.b-V ,
. . . , ... . . , colonial funds.
it', however, any doubt on this head could have been entertained,
it must have been removed by the Documents forwarded to my
Lords in your Letter of the loth of July: and it consequently only
appears to my Lords to be further necessary to observe that, on
fully reconsidering the proceedings that have taken place on the
subject, they see no grounds to call for, or in any respect to justify
a re-transfer of any portion of the police expenditure to the Mili-
tary Chest, or the revocation of any of the directions with respect
ro the expenses of the Police and Marine Departments or the
extra expenses of the Mounted Police suggested in the communica-
tions to Lord Glenelg to which reference has already been made.
My Lords conceive therefore that final directions may now very
properly he given, confirming the arrangements the Governor has
already been instructed to adopt with respect to the whole of the
before-mentioned charges; and that the Governor should be dis-
tinctly apprized that, in the Parliamentary Grants for defraying
Convict and other expenditure in the Australian Penal Settlements.
no Provision is now made for the Police expenses, and that the
Officers of the Commissariat will he prohibited from making any
payment from Funds under their charge for those expenses, except
as recognized advances on account of the Colonial Government, and
to be refunded by the Colonial Treasury.
I am further directed to request that you will move Lord Glenelg
to cause my Lords to be apprized, when these final directions shall
have been communicated to the Governor of New South Wales,
in order that the corresponding Instructions may be conveyed to
the officers of the Commissariat. I am. &c.,
F. Baring.
Lord Glenelg to Sir George Gipps.
(A circular* despatch per ship Alfred.)
Sir, Downing- Street, 4 Sept., 1838.
I have received from Mr. Edwin Pari- a Letter, dated the Application
23rd of February last bringing* under my consideration his claim ^yE. Park?nt
to a primary maximum grant of 2,560 acres of Land in the
Colony under your Government.
This communication having been sent to me from the Colony
by the Writer, and not having been transferred through you, I
have to desire that you would apply to the Writer for a copy of
it, and that you would forward that Copy to me, accompanied by
such a Report as the case may appear to you to require.
I have, &c,
Glexelg.
Ser. I. Vol. XIX— 2 O * Note 53.
578
3 838.
5 Sept.
Report required
re gratuities
to female
convicts of
good character.
HISTOKICAL RECOEDS OF AUSTRALIA.
Lord Glenelg to Sir George Gipps.
(Despatch No. 209, per ship Alfred; acknowledged by-
Sir George Gipps, 23rd March, 1839.)
Sir, Downing Street, 5 September, 1838.
The Lords Commissioners of the Treasury have brought
under my notice a payment of £3, 'which had been made into the
Savings Bank of New South Wales under the authority of a
Letter, addressed by the Colonial Secretary to the Deputy Com-
missary General of Accounts in favor of Catherine Kenny, a
Female Convict, in consequence of a recommendation of the
Ladies' Committee for the Superintendence of Female Convicts
that Women, remaining with a good character in their places
for certain definite periods, should receive corresponding rates
of gratuity. And I have to request that you will furnish me with
some further information as to the grounds of this arrangement.
I have, &c,
Glenelg.
Despatch
acknowledged.
Prohibition of
importation
of Dutch
produce.
Temporary
suspension of
prohibition.
Sir George Gipps to Lord Glenelg.
(Despatch No. 138, per ship Marinus; acknowledged by
marquess of Normanby, 16th April, 1839.)
My Lord, Government House, 5th Sept., 1838.
I have had the honor to receive your Lordship's Despatch
of the 30th March, 1838, No. 96, by which I was informed that
the trade, which had recently been opened between this Port and
the Possessions of the King of the Netherlands in the East
Indies, under an erroneous construction of the Treaty of the
17th March, 1824, was to be discontinued; and I have the honor
to enclose for Your Lordship's information a copy of a Gov-
ernment Notice," which I issued thereupon, by which your Lord-
ship will perceive that no produce, brought by a vessel under
Dutch Colors from those Possessions, will be admitted to entry
after the 1st Jany. next.
It was on the recommendation of the Officers of Customs, and
with the advice of my Executive Council, that I allowed an in-
terval of four months for bringing the Trade to a conclusion, it
being considered that it was only an act of justice to admit such
vessels as might sail from any Dutch Port in the East Indies or
Eastern Archipelago on the faith of the prior decision of this
Government, and before it could be known that that decision
had been reversed.
I enclose a Return of all the Vessels, which have been admitted
to entry up to the present date, since the trade was opened in
Note 112.
GIPPS TO GLENELG. 579
May. 1s-"m; and 1 do aot expect that any considerable addition 1S38
will be mad.- to the List, by keeping it open 'till the 1st Jany.
indeed the probability is that there will be none.
I have, &c,
Geo. Gipp.s.
a Sept.
Loud Glenelg to Sib George (Juts.
(Despatch No. 210, per ship Theresa.)
Sir, Downing Street, 6 September, 1838. 6 Sept.
I have received your Dispatch No. 125 of the 2nd of Transmission
December last relative to the charge of Government Vessels °
at New South Wales; and, having referred it for the considera-
tion of the Lords Commissioners of the Treasury, I have now
the honour to transmit to you, for your information and guid-
ance, a copy of the letter which has been addressed to this Depart-
ment by their Lordships' direction in reply. I have, &c,
Glenelg.
[Enclosure.]
Mi!. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers. 31st August, 1838.
With reference to your letter of the 31st of May last, in- instructions
closing copy of a despatch from the Governor of New South Wales, rechargefor
and to the correspondence which has previously taken place on the colonial marine,
subject of the transfer of the charge for the Colonial Marine at
New South Wales from the Military to the Colonial ("best. I have
ir. in command from the Lords Commissioners of Her Majesty's
Treasury to request you will state to Lord Glenelg that, under the
circumstances stated in Sir Richard Bourke's despatch of the 2nd of
December last, my Lords do not object to the continuance for the
present of the expense of the two vessels, that bare been retained,
at that Station as a charge on the Funds of the Military Chest,
and that, adverting to the proceedings which have taken place with
respect to the employment of a Steam Vessel at New South Wales,
and to the reports and information, relating to this subject, which
will have been called for in consequence of the recommendation
contained in the letter addressed to you by direction of this Board
on the 14th of May last, my Lords do not deem it advisable that
any directions should at present be given for the reduction of the
Vessels that have been retained. I am. &c,
A. Y. Spearman.
Sir George Gipps to Lord Glenelg.
(Despatch No. 13u. per ship Marinus.)
My Lord, Government House, 7th Sept., 1838. 7 Sept.
I have the honor herewith to transmit a letter, which has Transmission
jbeen addressed to your Lordship by Mr. Roger Therry, a Bar- K^enf0™
rister of high reputation and Commissioner of the Court of Re-
quests in this Colony. Mr. Therry's services and claims were,
580
HISTORICAL RECORDS OF AUSTRALIA
1S38.
7 Sept.
I have reason to know, held in the highest estimation by Sir
Eichard Bourke; and, during the time that I have held the Gov-
ernment, I have had ample cause to form a very favorable opinion
of his discretion and ability. I have, &c,
Geo. Gipps.
Resolution of
council in
favour of
R. Theriy.
Reasons for
transmission
of resolution.
[Enclosure.]
Mr. E. Therry to Lord Glenelg.
My Lord, Sydney, N. S. Wales, 4 September, 1838.
In addition to the testimonials which I recently transmitted
to your Lordship from the late Chief Justice of this Colony, Sir
Francis Forbes, and Mr. Justice Dowling certifying my fitness and
qualification for legal promotion, I take the liberty of transmitting
now a resolution* of The Legislative Council in which notice is
taken of the manner in which (in the opinion of The Council) I
have discharged the duties of the office of Commissioner of the
Court of Requests, which I have held for nearly ten years.
I trust Your Lordship may believe that I only do what I deem an
act of Justice to myself in inviting your Lordship's attention to
this resolution of The Legislative Council, in order that, in the
event of any change or promotion in the legal Department of this
Colony, I may have the advantage of the testimony which this
resolution supplies of my having endeavoured to justify the re-
commendation of me to my present appointment by my late lamented
friend Mr. Huskisson, and of my being regarded not as an un-
worthy candidate for promotion whenever a suitable opportunity
for such promotion may present itself.
In further support, of my claim to your Lordship's favorable
consideration, I venture to refer to Sir Richd. Bourke now in
England, who, I am satisfied, will readily testify that during his
administration I discharged the duties of my office to his and the
public satisfaction. I have, &c,
R. Therry.
[Sub-enclosure.]
\This was a printed copy of the " Votes and Proceedings" of the
legislative council, dated 29th August, 1838.]
12 Sept.
Despatch
acknowledged.
Sir George Gipps to Lord Glenelg.
(Despatch No. 142, per ship Marinus; acknowledged by
marquess of Normanby, 2nd April, 1839.)
My Lord, Government House, 12th Sept., 1838.
I have had the honor to receive your Lordship's Despatch
of the 24th March last, No. 92, in which I am called on to afford
some further explanation with regard to the increase in the ex-
penses of the Convict Establishment in this Colony, which in-
crease was brought under your Lordship's notice by a letter from
the Secretary to the Treasury of the 13th of the same month.
Note 113.
GIPPS TO GLENELG. 581
With respect to the appointment of a Visiting Justice to the 1838.
Female Factory at Parramatta with a salary of £100 a year, I can " teep '
add little to the reasons given for the necessity of it in Sir Necessity
Richard Bourke's Despatch to your Lordship of the 7th Novr., magistrate at
1837, No. Ill, and in the Inter of the 28th July, L837, from female factory,
the Secretary of this Government to the Deputy Commissary
General, sent by the latter to the Lords of the Treasury.
The Visiting Justice is a Stipendiary Police Magistrate, who
receives a salary of £300 a year from the Local Government. It
cannot, I apprehend, he expected that his services should be given
gratuitously at the Factory; and, if a necessity existed for the
appointment, somewhat more than a year ago, on account, as
stated by Sir Kichard Bourke, of the number of women in the
Factory being upwards of 500, that necessity will not be the less
now that the numbers have increased to 690. The total expence
of Superintendence of the Factory does not exceed the sum sanc-
tioned in your Lordship's Despatch of the 4th July, 1837,
No. 337; and, though the distribution of it is somewhat dif-
ferent, I trust your Lordship will believe that the deviation from
what was mentioned by your Lordship is not made with any other
object in view than the good Government of the Establishment.
With respect to the Establishment of the Principal Super- causes of
intendent of Convicts, the increase is to be ascribed to two increased
. . , i f /^i • i expenditure on
causes; first, to the increase in the number ol Convicts under establishment
his management, and to their wider dispersion over the immense °ntseunPder„t 0f
territory comprised within the limits of this Government; and convicts,
secondly, to the necessity of raising the salaries of Clerks in this
Department to the rate at which salaries of Clerks in the em-
ployment of the Local Government were fixed during the course
of last year on the recommendation of a Committee of the Legis-
lative Council, which recommendation was transmitted to your
Lordship with the printed proceedings of the Council for the
year 1837. So far from any diminution in the expense of this
Department being practicable, I am sorry to have to report that
a further increase in the number of the Clerks was sanctioned
by my Predecessor before he quitted New South Wales. I have
not myself made any addition to what I found established when
I assumed the Government; but I must confess that, unless I can Probable
devise means to lessen the quantity of business in the Depart- JS^^Seaae
ment, I fear it will not be possible long to confine the expense of of expenditure,
it within its present bounds. It is the practice at present never
to refuse attention to the application of any Convict out of the
"30,000, who are in the Colony, who may think it right to address
a letter or a petition to the Government. The labour, that is
incurred in investigating all the complaints they prefer, and the
582 HISTORICAL RECORDS OF AUSTRALIA.
1838. grounds on which they appeal for mercy, is immense. The
1 2 Sept.
Probab
ssity for
correspondence with the Police Magistrates and the differenl
Benches of Justices throughout the Colony increases as these
further increase Benches are multiplied by the extension of our limits of occupa-
of expenditure. n0Uf or by the subdivision of the more populous districts; and
the Returns, which have of late been so frequently called for by
Parliament, not only cause a great deal of labor in the prepara-
tion of them, but force us to keep a much more complete record
of all transactions concerning the discipline of the Convicts
and the Statistics of crime than was customary in former times.
I enclose a statement of the present Establishment, and
I have. &c.
Geo. Gipps.
[Enclosure.]
[This was a return, which detailed the names, dates of appoint-
ment and annual salary of the clerks, employed in the office of tlie
principal superintendent of convicts.]
Sir George Gipps to Lord Glexelg.
(Despatch No. 143. per ship Marlnus; acknowledged by
marquess of Normanby, 5th March, 1839.)
14 Sept. My Lord, Government House, 14th Septr., 1838.
Transmission The accompanying Copy of a letter from the Judges of
judges?1 this Colony, though dated the 29th May last, was only trans-
mitted to me by their Honors on the 12th instant.
Your Lordship will observe that it contains a representation
of the evils, which are felt in the administration of Justice in
New South Wales from the operation of an Act of Parliament,
passed in the year 1813 (54th Geo. 3rd, Ch. 15) for allowing
debts to be proved in any Court of New South Wales by the
Affidavit of a party in England, for which affidavit a simple
affirmation may be substituted under the 5th and 6th Willm. 4th,
Ch. 62.
Recommend- The recommendation of the Judges is that the statute should
a ion j m ges. ^ repea]ej? or that the admission of such Oath or affirmation
should be left to the discretion of the presiding Judge.
I have, &c.
Geo. Gipps.
[Enclosure.]
The Judges to Sir George Gipps.
Sir, Sydney, 29th May, 1S38.
Proposal for The practical inconvenience of the Statute 54 Geo. 3rd,.
repeal of Chap. 15, intituled " An Act for the more easy recovery of Debts in
recoJeryof nis Majesty's Colonies of New South Wales." as extended by the
debts. * 15th and subsequent Sections of the Statute. 5 and 6 Wm. 4th,
GIPPS TO GLENELGh 583
Chap. 62, has In a recent fuse been so strongly pressed upon us, 183s.
thai we were const mined publicly to declare thai we Should think 14 Sept.
it our duty to recommend to Her Majesty's Government that these
statutes should be repealed.
\\'e now therefore most respectfully Solicit your Excellency's
recommendation to that effect, or, if the total repeal of the
Statute 54 Geo. 3rd, Chap. 15, should be deemed Inexpedient, we
trust thai it may at least be modified.
The history of these Laws is briefly this:
The Act of 5 Geo. 2nd, Chap. 7. Intituled. "An Act for the more
easy recovery of Debts in His Majesty's Plantations and Colonies
in America/' and commonly called " Beckfords Act." provided that Provisions of
"in any action or suit in any Court of Law or Equity in any of Beckford's act.
the said Plantations, relating to any Debt or Account wherein any
person residing in Greal Britain Shall be a party, it shall be lawful
for the Plaintiff or Defendant, and also for any Witnesses, to be
examined and made use of by Affidavit (or in case of Quakers by
affirmation) before any Mayor or Chief Magistrate of the City, etc.,
in or near which he is resident, which Affidavit Certified and trans-
mitted " las tin- Act directs) " shall be of the same force and effect
in the Colony, as if the Defendant had appeared and sworn the
same matters in open Court, Provided that the addition and place
of abode of the party Swearing or affirming be Stated in the Oath."
And it is provided "that debts due to Ilis Majesty may be proved
in the same manner."
It is a general rule in Courts of Law in England "that a person, Objections
who is a party on the record, though he be merely a Trustee, is in- to provisions,
competent to act as a witness for himself or a joint Suitor."
it will also be observed " that no notice is required to be given
to the opposite party, on the occasion of making the affidavit, but
the proceeding is entirely exparte"; thus all benefit of cross
examination or exception to the testimony is excluded; and, on
production in the Colonial Court of the affidavit so sworn, it is
made imperative on the Judge to allow proof of the Debt.
This Statute was by the Subsequent Act of 54 Geo. 3rd, Chap. 15, Extension of
extended to New South Wales and its Dependencies, And is (with act to colony.
the exception of the alteration of Names and the omission of the
Word "Negroes" in the 4th Section) a transcript of the Bristol
Traders Act of 5th Geo. 2nd, Chap. 7.
If this Law be not altogether repealed, as we trust it will be, wre Proposed repeal
conceive that the admission of any such affidavit Should be left or amendment,
to the discretion of the presiding Judge, or else to such other cases
only as, under Similar Circumstances, the like Affidavits would be
admissible in the Superior Courts of Law7 or Equity in England.
The Substitution of a mere Declaration for an Affidavit by objections to
Stat. 5 and 6 Wm. 4. Chap. 62. we consider so great an innovation declaration
upon the fundamental principles of Law7 as to induce us most vice affldavit-
strenuously to urge its repeal.
We never for a moment can believe that the Oath, which the Wit-
ness Swears in open Court, viz., not only that what he deposes
Shall be true (and the Declaration substituted for an Oath goes
only thus far) "but that he shall also depose the whole truth, so
that he is not to conceal any part of what he knows, whether in-
terrogated particularly to that part or not," Can ever be honestly
or fairly supplied by a mere E.rpartc Statement that the party
" Sincerely declares, and conscientiously believes " wffiat is framed
584
HISTORICAL RECORDS OF AUSTRALIA.
1838.
14 Sept.
Objections to
declaration
vice affidavit.
by himself, to meet his own case, and answer his own interested
views, is true; such a Law is placing the absent Witness, who by
the very reason of such absence is more likely to deceive, and is
further from detection, in a more favored position than the Wit-
ness, who comes forward at the Trial.
It affords irresponsibility from an Oath, where an Oath is most
required ; and it would obviously be more consonant to Justice, if
the Oath of Testimony is to be abrogated, in any case, to free the
Witness, who is examined and may be cross examined in open
Court And his Evidence thus thoroughly sifted, from that Obliga-
tion, and to impose it on the exparte testimony of an absent and
interested Party. We have, &c,
James Dowling.
W. W. Burton.
John Walpole Willis.
15 Sept.
Instructions
re employment
of soldiers
as mounted
police.
Lord Glenelg to Sir George Gipps.
(Despatch Xo. 211, per ship Theresa.)
Sir, Downing- Street, 15th September, 1838.
I have the honor to transmit to you the copy of a letter,
which I have received from the Secretary at War, calling my
attention to the present system of employing Soldiers belonging
to the Regiments stationed in the Australian Colonies as
Mounted Police; and pointing out the inexpediency of allowing
the men, while serving in the Police, to continue on the regular
establishment of their respective Regiments, of which they re-
duce the real strength, while they receive a part of their emolu-
ment from the Ordinaries of the Army and a part out of the
Colonial Revenue.
It is therefore proposed that Soldiers transferred to the
Mounted Police in the Colony under your government should not
still be borne as belonging to their respective Regiments; but
that they should be considered as Supernumeraries, receiving no
Military pay and not being ordered to rejoin their Regiments
even when those Regiments leave the Colony unless for some
special reason.
As the Secretary at War intimates that he has obtained the
concurrence of the general Commanding in Chief in this
arrangement, I have not hesitated to adopt it, having further
communicated with the Lords Commissioners of the Treasury
on the financial part of the arrangement.
I have accordingly intimated to the Secretary at War that you
would be directed to propose to the Legislative Council to make
the necessary provision for carrying the measure into effect
from the 1st April next. I have, &c,
Glenelg.
GLENELG TO GIPPS. 585
[Enclosure.] is38.
r n 15 Sept.
VISCOUNT IIOWICK TO LORD dLENELG.
My Lord. War Office, Llth July. 1838.
1 hive the honour to acquaint your Lordship that, having Objections to
had my attention drawn to the system of employing Soldiers be- ^Cj^ntof
longing to the Regiments stationed in the Australian Colonies as Boldier8as
Mounted Police, by the evidence of Lieutenant Colonel Breton of mounted police.
the ith Regiment before the select committee of the House of Com-
mons on Transportation during the last Session, and. being per-
suaded from the tads slated in that evidence that the system is in
many respects objectionable, I have stated to the General Com-
manding in Chief my views of the Alteration which should be made.
and. having obtained I.ord Hill's concurrence therein. I have now
to state the particulars for your Lordship's consideration and ap-
proval. Colonel Breton stated that the "best Men of each Regi-
ment are selected for this service: that they continue to be so
employed until the Regiment embarks for India, being a period of
four or five years; that, by that time, the Soldier becomes
demoralized, and. in consequence of having been so long a period
his own Master, his duty when he rejoins the Regiment is irksome
to him, and he is no longer amenable to discipline, but is found to
have become careless, slovenly, and insubordinate. It appears fur-
ther that all the Men belonging to a Regiment proceeding to India
are not recalled, hut such as are old remain in the Police, and are
transferred to another Regiment newly arrived in the Colony."
It appears to me highly inexpedient on all accounts that these
Men. when serving in the Police, should continue on the regular
establishment of their respective Regiments, of which they reduce
the real strength, and that they should receive a part of their
emolument out of the Ordinaries of the Army and a part out of
Colonial Revenue. The simplest mode of obviating the objections xew system
to the existing practice would he to provide that, as soon as these proposed.
Soldiers are definitely appointed to the Police, they should be con-
sidered as having heen discharged from the Army, some arrange-
ment being made with respect to their claim to pension, analogous
to that which was adopted with regard to Soldiers of Cavalry Regi-
ments transferred to the Coast Guard Service.
As however some difficulty might thus arise, both as to the
charge for pension, and as to the means of exercising the necessary
controul over the Men so employed, I should rather be inclined to
propose, at least in the first instance, that Soldiers transferred to
the Mounted Police should still he borne as belonging to their
respective Regiments, but that they should be considered as super-
numeraries, receiving no Military Pay, and not being ordered to
rejoin their Regiments, even when these leave the Colony, unless
for some special reason.
The Effect of this Arrangement would be that the Regiments,
serving in the Australian Colonies, would no longer be weakened
by having a considerable number of Men withdrawn from their
ranks, since the vacancies thus occasioned would in future be filled
up. and that these Regiments would not. on proceeding to another
station, he subjected to the inconveniences of having returned to
them soldiers, for a considerable time unused to Military Disci-
pline, and discontented in consequence of having to relinquish an
advantageous employment ; while at the same time the Mounted
586
HISTORICAL RECORDS OF AUSTRALIA.
1838.
15 Sept.
New system
proposed.
Police would continue to be amenable to Military Law. and their
pensions would be granted, as at present, for their whole service
both in the Police and in the Army.
To avoid the inconvenience which would arise from retaining such
Men on the Returns of Regiments transferred to the Establishment
of the East India Company, I propose that, on the embarkation of
any Regiment from the Australian Colonies for India, the Men of
this description, who shall continue to belong to the Mounted
Police, shall be considered as transferred to the Regiment newly
arrived in those Colonies, and be borne on its returns as Super-
numeraries belonging to such Regiment.
If your Lordship should approve of this arrangement, it would
only be requisite that you should instruct the Governor of New
South Wales to provide for the issue of the whole pay of the
Mounted Police from such a date as may appear to you most con-
venient, informing me what is the time selected for the change, in
order that I might make the necessary arrangements, so far as this
department is concerned, for carrying it into effect, i have. &c,
Howick.
17 Sept.
Transmission
of letter from
J. Dillon.
Claim by
J. Dillon on
J. Kinehela.
Lord Glenelg to Sir George Gipps.
(Despatch No. 212, per ship Theresa.)
Sir, Downing Street, 17th September, 1838.
With reference to my despatch, No. 285 of the 4th of
April, 1837, I beg to enclose a copy of a further communication
from Mr. J. Dillon relative to his claim on Mr. Kinehela.
I have, &c,
Glenelg.
[Enclosure.]
Mr. John Dillon to Lord Glenelg.
My Lord, No. 10 Malpas St., Dublin, 31st August, 1838.
I have no hope of receiving the balance of my account only
through your kind Interference.
That more than a year and four months has elapsed since I re-
ceived a remittance, and your kind letter, 8th April. 1837, acquaint-
ing me that a copy of my letter of the 1st April would be forwarded
to the Governor of New South Wales with instruction to call upon
Mr. Kinehela for such explanation as he may be able and desirous
to offer respecting my claim upon him.
I am now advanced in life with a large Family, and no other
means of recovering the debt except through your kindness.
I am, &c,
. John Dillon.
Sir George Gipps to Lord Glenelg.
(Despatch No. 144, per ship Marinus ; acknowledged by
marquess of Normanby, 3rd March, 1839.)
My Lord, Government House, 17th Septr., 1838.
At the request of the Right Revd. Dr. Polding, Vicar
General of the Roman Catholic Church in this Colony and
Titular Bishop of the same, I have the honor to transmit to your
GIPPS TO GLENELG. 587
b::s.
Lordship Copies of certain Resolutions, which have been gener-
ally adopted at Meetings of the Roman Catholic Communities _!£ "
in different parts of this Colony, convened under the authority J^oni'm'"
of the Clergy of that Church, to take into consideration an Catholics re
expression made use of by Mr. Justice Willis at a Public Meet- .V\v"wiii£
ing of the Diocesan Committee of the Societies for promoting
Christian Knowledge and for the Propagation of the Gospel in
foreign parts, in which Mr. Justice Willis is said to have charged
the Roman Catholics with the practice of Idolatrous Worship.
Also, at the request of Mr. Justice Willis, I transmit to your
Lordship Copies of various documents on the same subject, the
contents oi' which are briefly explained in the schedule annexed
to this Despatch.
I beg to acquaint your Lordship that, although I heard as a
matter of common rumour that Mr. Justice Willis had made a
speech at the Diocesan Meeting of the 19th July, parts of which
had given offence to the Roman Catholics, I had no information ignorance of
whatever of the intended Meeting in Sydney, and that the first ^proceedings.
information, I received of it, was by seeing an account of the
proceedings that took place at it in a Xewspaper;* consequently
that it was entirely out of my power by any f riendly interference
between the parties to have prevented the Meeting.
I have further, at the request of Mr. Justice Willis, to inform Libel action
your Lordship that, subsequently to the Meeting, His Honor j^w^WillL
called upon me in person to request that I would direct the
Attorney General to file an ex-officio information for Libel
against Dr. Polding; and that it was only on my representing
to His Honor, how seriously I thought the peace of the Colony
would be disturbed by such a proceeding, that Mr. Justice Willis
abstained from pressing it upon me.
Your Lordship will readily believe that such a controversy Public interest
between the Head of the Roman Catholic Church on the one in controve^-
side and a Judge of the Supreme Court on the other did not
fail to produce a considerable sensation in the Colony.
I certainly must deeply lament that a Judge of the Supreme Regret at
Court should, on an occasion where it was so entirely uncalled j^w^wiiHsf
for, have given utterance to opinions offensive to a large Body
of the People of this Colony; whilst I must equally regret that
it was thought necessary on the part of the Roman Catholics to
have ■ recourse to the proceedings they adopted in order to re-
sent it.
Your Lordship will I hope believe that I am most anxious to
keep the Colony free from any discussions on matters of Religious
* Note 114.
588
HISTORICAL RECORDS OF AUSTRALIA.
1838.
17 Sept.
Subsidence
of public
irritation.
Schedule of
documents
transmitted.
Controversy, and that, if occasion render it necessary, no exer-
tion on my part shall be wanting- to check it. The case has
not however as yet appeared to me to be one which required the
interference of Government; the irritation, which for a time
existed in the Public mind, is I am happy to say subsiding, and
I sincerely hope that nothing will occur to cause a revival of it.
I have, &c,
Geo. Gipps.
Schedule of Documents" transmitted with this Despatch.
A. Letter, dated loth Augt., 1838, from the Right Revd. Dr.
Folding to Sir George Gipps, transmitting,
A 1. A copy of" the Proceedings of a Meeting of Roman Catholics
of Sydney and its vicinity, held in St. Mary's Cathedral after divine
service on Sunday, 29th July. 1838, to take into consideration a
part of a speech delivered by Mr. Justice Willis on the 19th of the
same month, in which Idolatrous Worship was imputed to Roman
Catholics.
B. Second letter of the same date, from the same to the same,
stating that similar Meetings had been held, and similar Resolu-
tions adopted at Farramatta, Windsor, Wollongong, Bathurst and
( 'ampbelltown.
C. Letter, dated July 30th, 1S3S, from Mr. Justice Willis to Sir
George Gipps, informing him that a Meeting of Catholics had been
held on the 29th of the same month in Sydney, and claiming the
protection of the Government, with six enclosures, vizt.,
CI. A copy of the speech delivered by Mr. Justice Willis at the
Diocesan Meeting held at Sydney on the 19th July, 1838.
C 2. Copy of a Note from the Right Revd. Dr. Polding to Mr.
Justice Willis, dated 25th July, 1838, requesting to know whether
that speech had been rightly reported in the Sydney Herald,
Newspaper.
C 3. Mr. Justice Willis' reply of the same date.
C. !\. Copy of a letter from Mr. Justice Willis to the Rt. Revd. the
Lord Bishop of Australia, dated July 26th, 1838, requesting His
Lordship's opinion and advice.
C 5. Reply to Mr. Justice Willis from the Lord Bishop of Aus-
tralia.
C 6. Second letter from Mr. Justice Willis to the Lord Bishop of
Australia, dated 26th July.
D. Note from Mr. Justice Willis to Sir George Gipps, dated
August 9th, 1838, with one enclosure, vizt.,
D 1. Extracts from the Parliamentary Debates of 1829, containing
the opinions of various Lords Spiritual and Temporal of Parliament
on the subject of the Idolatrous Worship imputed to the Church of
Rome, and also an Extract from the Coronation Oath.
E. Letter from Mr. Justice Willis to Sir George Gipps dated
11th Augt., 1838, with one enclosure, vizt.,
E 1. Second letter from the Lord Bishop of Australia to Mr.
Justice Willis on the same subject of the Idolatrous Worship,
imputed to the Church of Rome.
F . Printed Copy of the Proceedings at the Catholic Meeting of the
29th July, with a Pastoral address delivered on that occasion by
Dr. Polding.
* Note 115.
GIPPS TO GLENELG. 589
Sir George Gipps to Lord Glenelg, isss.
19 Sept.
(Despatch No. nr>, per ship Marinus; acknowledged by
marquess of Normanby, 4th March, 1S30.)
My Lord, Government House, 19th Septt., 1838.
With reference to my Despatches of the 3rd May last, Reappointment
No. 70, and the 7th July, No. 100, on the subject of the Female „£ u>fema\e
Factory at Parramatta, I have now the honor to report to your factory.
Lordship that Mrs. Leach censed to hold her appointment of
Matron on the 24th Augt. last, and that Mr. and Mrs. Bell have
resumed the situations which they held in the Factory previous
to the 10th Feby. last and at the same salaries, vizt., £150 a year
each. I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glexelg.
(Despatch No. 147. per Ship Marians; acknowledged by
marquess of Normanby, 26th February, 1839.)
My Lord, Government House, 22nd Sept., 1838. 22 Sept.
I have the honor to report to Your Lordship that the Departure of
Expedition* under Captn. Sir J. Gordon Bremer of the Royal p^rtEsSngton.
Navy sailed from this harbour for Port Essington on the 18th
instt.
The Expedition consisted of Her Majesty's Vessels of War, Vessels
" Alligator " and " Britomart," accompanied by the " Orontes," expedition!"
a Barque of about 400 Tons, which had been taken up here at the
moderate freight of 14s. lid. per ton per month to convey a por-
tion of the Stores required for the intended settlement.
Six houses framed in wood and weather boarded have been Equipment
shipped, as well as numerous other stores, obtained either from of exPedltlon-
Her Majesty's Magazines or by purchase at this place; and I
have the satisfaction to report to your Lordship that the Expedi-
tion has started as well equipped for the object it has in view,
as could possibly be desired; at the same time, it is only justice
to add that in my opinion no unnecessary or useless articles
have been taken, or any expense incurred by Sir Gordon Bremer
that could reasonably have been avoided.
I am greatly gratified in having to inform your Lordship that Church
a very neat Church, framed in wood and weatherboarded, was Sewletfiement.
presented to the persons engaged on this interesting expedition
previously to their sailing by the Lord Bishop of Australia, on
the part of the Diocesan Committee in Sydney of the Societies
for promoting Christian knowledge and the Propagation of the
* Note 37.
590
HISTORICAL RECORDS OF AUSTRALIA.
1838.
22 Sept.
Church
provided for
new settlement.
Shipment
on schooner
Essington.
Freight
on stores.
Method of
equipping
expedition.
Arrival of Sir
J. G. Bremer
at Sydney.
Commission a
commandant.
Gospel in foreign parts. This Church, capable of holding 300
persons, is very neatly executed, and will be I trust considered an
object of great interest in the Settlement, not only on account
of the purpose to which it is dedicated, but from the manner in
which it was acquired. The cost of it is, I understand, up-
wards of £300.
In consequence of this large addition to their equipment, it
was found that the accommodation afforded by the three vessels
I have already named was insufficient for the whole of the
Stores, and it became necessary to put a portion of them into a
schooner, which has been fitted out in this harbour by Mr. Wat-
son, a Sydney Pilot, for the purpose of being the first to open
the trade between Port Essington and this place. This schooner,
which has been named the " Essington," sailed a few days before
the rest of the Expedition, and will visit Murray's Island at the
entrance of Torres Straits, where (as I reported to your Lordship
in my Despatch of the 25th Augt. last, No. 131) the Master of
her will endeavour to ascertain, whether any persons from the
wreck of the " American Transport " are yet in existence.
The schooner " Essington " is not engaged as a part of the
Expedition, but Mr. Watson, her Master, is to be paid £150 for
the freight of the Stores which he has taken on board.
The supplies for the Expedition have all been obtained through
the Ordnance or Commissariat Departments in the way that is
usual at foreign stations, so that the whole responsibility for the
agreements under which, and for the prices at which they have
been furnished, rests upon the officers of these Departments;
but payment has been made by Bills drawn on the Military
Chest (under my authority) by Sir Gordon Bremer, and the
Vouchers are to be transmitted direct by the Deputy Commissary
General, Mr. Miller, to the Accountant General of the Navy.
I enclose for your Lordship's information an abstract of the
whole expense which has been incurred, exclusive however of the
value of the articles which have been supplied from the Ordnance
or Commissariat Stores without purchase.
Sir Gordon Bremer arrived in Port Jackson on the 23rd July
last; his stay therefore with us has been of eight weeks' duration.
Agreeably to the directions contained in Your Lordship's Des-
patch No. 66 of the 25th Jany. last, I have issued to Sir Gordon
Bremer a Commission in the name of the Queen, and under the
Great Seal of this Colony, constituting him Commandant of the
Settlement.
I have also given to Sir Gordon Bremer, and the undermen-
tioned Officer* of the Expedition, powers to act as Magistrates of
GIPPS TO GLENELG. 591
this Territory, and also as Commissioners of Crown Lands, under J>%s^t
the Local Art of the Governor and Council of New South Wales
oi the 4th Willm. 4th, No. 10. The officers are: cSSonerf
Lieutt. Stanley, K.X.. Commanding the " Britomart "; Jf crown knds
Lieutt. Ivuper, K.X., 1st Lieutt. of the "Alligator";
Captn. McArthur, Royal Marines; Lieutt. Priest, Royal
Marines.
I Cannot, My Lord, close this Despatch without congratulating Prospects of
your Lordship on the prospects which are opened, not only to
this Colony but to the British Merchants in general, by the
Establishment of this Settlement on the Northern Coast of
Australia. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this paper is not available.']
new settlement.
Lord Glenelg to Sir George Gipps.
(Despatch No. 213, per ship Theresa.)
Sir, Downing Street, 24th September, 1838. 24 Sept.
With reference to my dispatch No. 187 of the 25th Ulto., Appointment of
in which I stated that I should select two Gentlemen to fill the 2£^i£nwi<*
office of Police Magistrate in Xew South Wales, I have now to magistrate.
acquaint you that Mr. X. A. Fenwick will shortly proceed to the
Colony for that purpose. I have, &c.,
Glexelg.
Sir George Gipps to Lord Glexelg.
(Despatch No. 14S, per ship Marinus.)
My Lord, Government House, 24th Septt., 1838.
With reference to my Despatch of the 17th Augt. last Transmission of
No. 125, in which I reported to your Lordship that a large num- report of board
ber of the Convicts by the ship " Lord Lynedoch " had been ship Lord
landed on the 8th of the same month in a dreadful state from yne och'
the ravages of the Scurvy, I have now the honor to enclose to
your Lordship a Eeport of a Board which I caused to be assem-
bled to enquire into the probable causes of the breaking out of
this disease.
I also enclose for your Lordship's information a Return from
the Principal Medical officer of the Colony, by which your Lord- Return re
ship will perceive that, of 150 men who have been admitted into Persons affected.
Hospital since the arrival of the vessel, 15 have died, 91 have
592
HISTORICAL RECORDS OF AUSTRALIA.
183S.
24 Sept.
been discharged, and 44 remain under Medical Treatment. If,
to the number of deaths reported therein 8 be added which
occurred before the vessel reached this harbour, the total number
up to the present day will be twenty three. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers are not available.']
Sir George Gipps to Lord Glenelg.
(Despatch No. 149, per ship Marinus; acknowledged by
marquess of Normanby, 6th April, 1S39.)
25 Sept. My Lord, Government House, 25th Septt., 183-8.
Reasons against With reference to your Lordship's Despatch of the lSth
bvTouncfi toant Decr-> 1837> No- 49> b^ which 1 was informed that Her Majesty's
c. m. Lewis. Government would be prepared to sanction a Grant to Mr. Lewis
of a sum not exceeding £300, if the Legislative Council should
be inclined to vote it from the general revenues of the Colony,
I have the honor to report to your Lordship that I have not
deemed it expedient to propose to the Legislative Council during
its present Session such a grant to Mr. Lewis, as I felt sure that
I should only be able to carry it by requiring the support of the
Official Members, it being considered that the Service, on which
Mr. Lewis was engaged in his voyage to Torres Straits, was
one which regarded the general interests of the trade of the
British Empire rather than any particular interest of this
Colony.
Your Lordship will remember that the order for undertaking
the voyage was received from England ; and that the " Charles
Eaton," in search of which vessel Mr. Lewis was sent, did not
belong to the Port of Sydney, but had touched here only on her
way to the East Indies. I have, &c,
Geo. Gipps.
26 Sept.
Submission to
council of bill
re lands for
military
purposes.
Sir George Gipps to Lord Glenelg.
(Despatch No. 150, per ship Marinus; acknowledged by
marquess of Normanby, 21st August, 1839.)
My Lord, Government House, 26th Septt., 1838.
I beg leave to report to your Lordship that, very early
in the present Session, I laid before the Legislative Council the
Bill, which was transmitted to my Predecessor with your Lord-
ship's Circular Despatch of the 11th Novr., 1836, for vesting in
the Principal officers of Her Majesty's Ordnance all lands occu-
pied for Military purposes in the Colony, with such alterations
GIPPS TO GLENELG. 593
only as were necessary to suit the original Draft of the Bill 1838.
to the circumstances of New South Wales. The Bill, I regret ^fjfPt
to say, met with such a decided opposition, both in the Council Opposition
and out of doors, that, after passing it through a second read-
ing and making in it such amendments as were necessary to
shew the true import of it, I judged it to be for the advantage withdrawal
of Her Majesty's service and for the peace of the Colony that I Jecondrading.
should attempt to carry it no further, and I accordingly with-
drew it.
I shall now endeavour to explain to your Lordship the prin- Reasons for
eipal causes of the opposition which was excited against it.
Your Lordship is, I believe, aware that there is in the very
heart of Sydney a space* of about 15 acres of ground, occupied
by Military Barracks, that these Barracks are in a very dilapi- Military
dated state, and that it has been proposed to remove them to atsrydney.
another site. The uncertainty as to the way in which this land
might be disposed of, after the Barracks are removed, was I have
reason to believe the first and principal cause of so great a
degree of importance being attached to the Bill; it was at first
asserted that the Bill was introduced for no other purpose than
to enable the Ordnance Officers to dispose of this Land without
any regard to the advantage of the Town; though in the course
of the discussion in Council other grounds of opposition to it
were started. It was discovered that there were other portions
of ground in Sydney now open to the Public, which would be
claimed by the Ordnance officers, and particularly one spot at Dawes' battery,
the point of land called Dawes' Battery, from which a ferry has
long been established between Sydney and the opposite or Xorth
Shore of the harbour; and it was stated that if the Bill were
once passed, the Public might be shut out from this means of
communication. At length all sorts of imaginary dangers were
pictured as likely to occur from the establishment of a great Fears of power
Military Corporation, that might ultimately get possession of a corporation.
great portion of the lands of the Country, and, by means of its
wealth and power, obtain an unconstitutional influence; and the
very circumstance (when it became known) of the Bill having
been first prepared for and proposed in Canada wTas construed
into a proof that there was some hidden purpose in it of control
or coercion. In this excited state of the Public mind, it was
quite in vain that I explained in Council the true nature of the
Bill, that it was one only of official arrangement, and introduced
with no other object whatsoever in view than to facilitate the
transaction of Public business.
It would I believe have been in my power to have passed the
Bill through the Council by the Votes of the Official Members;
Ser. I. Vol. XIX— 2 P * Note 116.
594
1S3S.
6 Sept.
Problem of
disposal of
land occupied
by barracks.
HISTORICAL RECORDS OF AUSTRALIA.
but I thought it more prudent not to do so; and, therefore after
having1, as I have already said, brought it by a succession of
amendments to the state in which I think it ought to have passed,
I withdrew it.
As the way, in which the land now occupied by the Barracks
is to be ultimately disposed of, is a question of considerable
importance, it is very desirable that it should be settled before
the Bill be again presented to the Legislature; I shall therefore
submit the consideration of this question to your Lordship in a
separate Despatch. I have, &c,
■ ' Geo. Gipps.
27 Sept.
Land occupied
by military-
barracks at
Sydney.
Disposal of
land proposed
by G. Barney.
Right of
ordnance
department
to sell land.
Sir George Gipps to Lord Glexelg.
(Despatch No. 151, per ship Marinus.)
My Lord, Government House, 27th Sept., 1838.
In my Despatch of yesterday's date, I had the honor to
detail to your Lordship the reasons, which had induced me to
withdraw for the present Session the Bill, which I had, agree-
ably to your Lordship's instructions, introduced into the Legis-
lative Council for vesting in the Principal officers of Her Ma-
jesty's Ordnance all the lands and buildings now held for Military
purposes in the Colony; and I stated that one of the principal
causes of objection to the Bill arose out of the question, how
the land, on which the Military Barracks in Sydney now stand,
is to be disposed of after these Barracks shall be removed.
I now propose to explain to your Lordship the nature of the
question, which has arisen respecting this land, and, in order
to make my statement clear, I transmit a Plan of Sydney, with
the Sites* both of the old and of the proposed new Barracks
marked on it. The land, occupied by the old Barracks and
colored green upon the Plan being situated in the best part of
the Town, is very valuable. In the Debates in the Legislative
Council, no Member seemed disposed to estimate the value of it
at a less sum than £80,000, whilst out of doors and in the News-
papers its value was exaggerated to a much greater amount.
Major Barney, the Commanding Engineer, never doubting the
right of the Ordnance to dispose of the land, has proposed to cover
the expense both of the New Sydney Barracks, and of others
that he is now building at Newcastle, by the sale of it; but,
during the recent discussions, it was asserted that the Ordnance
had no right to sell the land, but that, when it was no longer
wanted for Military purposes, it should revert to the Colony, and,
if sold, that the proceeds of the sale should go into the Land
* Note 116.
GIPPS TO GLENELG. f)95
fund to be spent on Immigration. I did not fail to resist this 1838.
doctrine, and I explained in Council that it was the produce l Sept'
only of wild or unimproved lands of the Crown that could be
claimed for such purposes.
In maintaining however the right of the Ordnance to sell the m°htof
land. 1 ventured to state to the Council that I felt satisfied I ha- depj^eent
Majesty's Government would not dispose of it with the sole to sell land,
object of getting the utmost price for it, but that they would
consult the general feelings and wishes of the Inhabitants; and
1 informed them further that a plan had already been proposed
for laying out a Square on it, which would be an ornament to
the Colonial Capital; whilst I said, on the other hand, that any
groundless opposition on the part of the Council or the Public
might have the effect of keeping the Barracks where they are,
and thereby of preventing altogether the proposed improvements.
The right of the Board of Ordnance to dispose of this land
appears to me so incontrovertible, that I should not think it
necessary to say more on this head, were it not that the subject
is somewhat embarrassed by the Local Government having re-
cently agreed to pay out of the land fund the purchase money Purchase
of the land at Newcastle, on which the New Barracks are now JlJ?a ks°Pt
being erected; for if, when land is wanted for Military pur- Newcastle.
poses, it is to be paid for out of the land fund, it would only
appear to be reasonable that the proceeds of the sale of any
land, which may no longer be required for such purposes, should
he paid into the same fund.
The case of the Newcastle Barracks is as follows: —
In 1837, it was determined to rebuild these Barracks, but,
the old site not being deemed eligible for the new Buildings,
"five and a half acres of land have been taken from the Glebe of
the Church of England, and, after giving one acre in exchange
which was particularly wanted by the Church, a sum of £818 has
been taken out of the laud fund to pay for the remainder, under
an arrangement which was sanctioned by Sir Richard Bourke
on the 25th Octt, 1837.
What I would respectfully propose to your Lordship is that
this part of the arrangement should be cancelled, that the sum Proposed
of £818 should be repaid to the Land fund out of the Military ^ purchase
Chest, and that, so soon as the old Barracks can be removed, the of site,
land on which they stand should be sold and the proceeds paid
into the Military Chest. This land will probably sell for about
£600, so that the difference only between £818 and £600 or £218
will be the real amount which will be paid out of the Military
Chest for the difference in value between the new site of the
596
HISTORICAL RECORDS OF AUSTRALIA.
1838.
27 Sept.
Adjustments
proposed re
barracks at
Sydney.
Possibility
of passing
ordnance bill.
Barracks and the old one; and, by paying this sum, the question
respecting the disposal of the ground at Sydney will be freed
from the effect of an adverse precedent at Newcastle.
The land, on which the New Barracks are to be built at Sydney,
will be furnished by the Colony, and, though it is far inferior
in value to that on which the old ones stand, it would neverthe-
less, if sold in the usual way, bring in a very handsome sum to
the land fund; it may therefore be not unreasonably contended
that the Board of Ordnance should take no more than the differ-
ence in value between the one lot of land and the other, especially
as this difference would be sufficient to build the New Barracks;
and the Board of Ordnance would thus get new Barracks in a
good situation, in exchange for old ones in a bad one; for it is
admitted by everybody that the situation of the present Barracks
is, in a Military point of view, not so good as the proposed site of
the New ones.
Under all the circumstances of the case, it appears to me prob-
able that the Board of Ordnance would not object to give over
the present Barracks, and the land they stand on to the Colony,
on condition of being put in possession of the land on which the
new ones are to be built, and a sum of money sufficient to pay
for the building of them. The Board would by such an arrange-
ment be relieved from any difficulty in disposing of the land,
and the charge of laying it out for the advantage of the Public
would devolve upon the Local Government, which may be pre-
sumed to be better able to satisfy the reasonable demands of the
Public than the Board of Ordnance. Indeed one of the most
popular objections against the ordnance Bill was that the Ord-
nance officers, if put into full possession of this land, would
dispose of it only with a view to getting the greatest possible sum
for it, instead of laying it out, as the Local Government would
do, in handsome streets, and requiring persons to build on it in
a uniform manner.
Should such a proposition or any one analogous to it meet your
Lordship's approval, I think I should be able not only to carry
it in the Legislative Council, but also to carry the Ordnance Bill.
But I think it my duty to state to your Lordship that all the
influence of the Government would be required, even with the
present Council, to pass the Ordnance Bill, if some satisfactory
arrangement be not previously made in respect to this land, and
that I have very great doubts whether in an enlarged Council
it would be passed at all.
I have already stated to Your Lordship that the proposal of
the Ordnance Officers in the Colony was to pay for the Newcastle
Barracks, as well as the New ones at Sydney, out of the proceeds
GIPPS TO GLENELG. 597
of this land; that they have a right to do so, if the Board in- 1838.
sist on it, and that the land will sell for a sufficient sum cannot
I think be denied; such an arrangement will nevertheless I fear
l)t> looked on as not a liberal one. and it will be asserted that the
Ordnance will soil the land without a due regard to the improve-
ment of the Town.
1 will only add. My Lord, that the present is in my opinion Necessity for
a fit occasion for settling definitely how land, that may in future acquisition
he required by the Ordnance for Military purposes, is to be of land for
obtained. The principle, which I would propose, is that which I purposes.
believe is in force everywhere else, vi/t., that when the land,
which the Ordnance requires, is the property of the Crown, it
should be granted gratuitously, but, when it is the property of
Individuals, it should be paid for by the Board of Ordnance.
I have, &c,
Geo. Gipps.
[Enclosure.]
| .! copy of this plan will be ft and in the volume of charts and
plans.]
Sir George Gipps to Lord Glexel<;.
(Despatch No. 152, per ship Marinus; acknowledged by
marquess of Normanby, 2:1 st August, 1S39.)
My Lord, Government House, 28th Sept., 1838. 28 Sept.
In connection with the subject of my Despatches of the
26th and 27th instt., Nos. 150 and 151, I have still to bring
under your Lordship's notice a case in which a purchase of land
for the Ordnance in this Colony is concerned.
Your Lordship is aware that, previous to the year 1836, the
Board of Ordnance had no officers of their own in New South
Wales, the duties of their Department being performed by officers
of the Line, by the Commissariat, or by Civilians.
Major Barney is the first Officer of Engineers ever stationed Repurchase of
in the Colony; and it appears that, soon after his arrival, he ^mtar" tS f°r
represented to Sir Richard Bourke that nine allotments of Build- purposes,
ing ground, containing one eighth of an acre each, had been
then recently sold, of which it was very essential to regain
possession, the land being wanted for the defences of the place.
An attempt was therefore made to induce the Purchasers of
the allotments to take other land in exchange for them, but,
failing in this after a lengthened negotiation, the late Acting
Governor settled, with the advice of the Executive Council, that
the allotments should be repurchased and paid for out of the
598
HISTORICAL RECORDS OF AUSTRALIA.
1838.
28 Sept.
Repurchase of
allotments for
military
purposes.
Land fund. The nine allotments, containing altogether little
more than an acre of ground, were sold in 1835 for the sum of
£1,617, and it was agreed to repurchase them for £3,084, or at an
advance of £1,467. This arrangement, though sanctioned and
the faith of the Government pledged to it before I arrived in the
Country, had not been carried into effect when the discussion
of the Ordnance Bill came on. I must candidly state to your
Lordship that I then hesitated to complete it, and I even inti-
mated to Major Barney that, if the Ordnance Bill passed, the
utmost I could do would be to give back out of the Land fund,
the sum which the sale of the land had brought into it, vizt.,
£1,617, leaving the difference or what was to be paid for the
enhanced value of the land to be covered by the sale of other
Military lands, which the Bill would have placed at the disposal
of the Ordnance Officers.
The Bill however not having passed, they have of course no
power to sell land; and I have therefore found myself under the
necessity of completing the arrangements made by my Prede-
cessors. I have accordingly to report to your Lordship that I
have given an order for the payment of £3,084 out of the Colonial
funds for the repurchase of the land in question, though I would
earnestly recommend to your Lordship that the Ordnance should
be required to pay at least the difference in the value of the
land, if not the whole sum for which it has been repurchased.
I have, &c,
Geo. Gipps.
29 Sept.
Immigrant
ships placed in
quarantine on
arrival.
Sir George Gipps to Lord Glenelg.
(Despatch No. 153, per ship Marinus.)
My Lord, Government House, 29th Septt., 1838.
I am sorry to have to report to your Lordship that two
Government ^Emigration ships, the " William Rogers " and the
" Palmyra," which arrived in this harbour on the 26th instt.,
have been placed in Quarantine. On board the " William
Rogers," eight cases of inflammatory fever occurred in the last
month of her passage, two of which terminated fatally. As, how-
ever in the few cases (only three) which remain, the disease
does not appear to exhibit any peculiar malignancy, it has not
been thought necessary to land the Emigrants at the Quarantine
Station, and I am in hopes that they may all be released in a
few days. On board the other ship (the " Palmyra "), I am sorry
to say that forty cases of Scarlet fever occurred on the voyage,
in nine of which the disease proved fatal; Children only were
attacked, and the disease has for the present disappeared. It has
GIPPS TO GLENELG. 599
been judged nevertheless proper to land all the passengers at the W*^
Quarantine Station, whore they must remain until a sufficient
time shall have elapsed to guarantee us against the revival of the
disease. l have> &c->
Geo. Gipps.
P.S. October 6th.— I am happy that the delay, which has Release of
occurred in the sailing of the "Marinus," enables mo to report g^1"
that both these vessels and the Emigrants by them are released quarantine,
from Quarantine.
I am also happy to announce the arrival in very good order Arrival of
^ -n m. «tj i i ji ship Parland.
of the Government Emigrant Ship "Parland.
Lord Glenelg to Sir George Gipps.
(Despatch No. 214, per ship Planter; acknowledged by
Sir George Gipps, 17th September, 1839.)
Sir, Downing- Street, 1st October, 1838. l Oct.
I have received a letter from Mr. H. F. White, dated the Letter received
1st of May, bringing under my consideration a correspondence §°p wute.
of the subject of his suspension from the Office of Assistant
Surveyor in the Survey department.
This communication was sent to me from the Colony by the
writer, although the correspondence, to which it refers, was for-
warded with your Despatch Xo. 59 of the 13th of April last.
It may be desirable that you should call on the writer for a Copy
of his present letter, although I can perceive nothing in it to
alter the view of the case communicated to you by my dispatch
No. 196 of the 28th of August last. I have, &c,
Glenelg.
Sir George Gipps to Lord Glexelg.
(Despatch No. 154, per ship Marinus; acknowledged by
marquess of Normanby, 9th March, 1839.)
My Lord, Government House, 1st October, 1838.
I beg leave to recommend to your Lordship that a Gov- Proposal for
ernment Emigrant ship should as soon as possible be sent to Port shTps^or11
Phillip, and that another should follow after a lapse of four or Port Phillip,
five months. A mixed Company of Emigrants, partly Me-
chanics and partly farm labourers, would be most acceptable, and
the Mechanics should consist principally of Carpenters, Brick-
layers (not Masons) and Smiths.
The settlement of Port Phillip is, I am happy to say, rapidly Progress of
advancing. The first sale of land for Agricultural purposes took p^pSin81
place on the 12th instt., when the prices realized far exceeded
600
1838.
1 Oct.
Number of
inhabitants
including
convicts at
Port Phillip.
HISTORICAL RECORDS OF AUSTRALIA.
my expectations. I enclose for your Lordship's information a
Return of all land that has been sold, since the Settlement was
first established.
The number of Inhabitants of all descriptions is supposed now
to exceed 3,000, of whom however a considerable number are con-
victs, as it has been found impossible to prevent Prisoners being
taken there, notwithstanding the desire expressed in your Lord-
ship's Despatch of the 31st May, 1837, No. 324, to limit the
number as much as possible; and I must respectfully express an
opinion that, if it had been intended to prevent altogether the
Assignment of Convicts in that part of the Territory, it would
have been better to have made it a separate Government.
I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this return will be found in a volume in series 777.]
Delay in
closing session
of council.
Bill required
for regulation
of distilleries.
Absence of
party spirit.
Objections to
appropriation
bill.
Sir George Gipps to Lord Glenelg.
(Despatch marked "Confidential." per ship Marinus.)
My Lord, Government House, 1st October, 1838.
Opportunities for England not being frequent at this sea-
son of the year, I hoped to have been able to announce to your
Lordship, by the vessel which is the Bearer of this Dispatch, that
the Session of our Legislative Council had closed, and also to
have transmitted to your Lordship the various acts which have
been passed. I regret however to say that a week or ten days
must yet elapse, before I can adjourn our sitting, as I have un-
expectedly been forced to bring forward a Bill for the regulation
of Distilleries, in consequence of finding that our revenue is
rapidly falling off from the effect of illicit distillation. With
the exception of the Ordnance and Appropriation Bills, every-
thing has gone on very smoothly in Council; and I am happy
to say that the Colony continues remarkably free from party
spirit or political agitation. On the subject of the Ordnance
Bill, I have addressed your Lordship at considerable length in
my public Despatches; on that of the Appropriation Bill and
finance generally, I shall have occasion to trouble your Lordship
by the next opportunity. I will here only say that the principal
objections were raised both in and out of Council to the charges,
which have been this year thrown for the first time on th(
Colony, and to the pensions to Sir Francis Forbes and Dr.
Kinchela. All however were passed.
On the subject of Emigration, I shall address your Lordshi]
as soon as a Committee of the Legislature now sitting on \\
GIPPS TO GLENELG. 601
shall have reported. 'Flic expense of Government Emigration, aa 1S3S.
compared with that of the Bounty system, is what is most gener- 1"
ally complained of, and the prospect of the speedy exhaustion of Problems of
,,,.,, ,-n, . -, immigration.
our funds will probably induce the ( ommittee to recommend
either the discontinuance of it or the borrowing of money to
carry it on.
Four Lordship will have observed that, in the Minute which
I laid before the Council in presenting the Estimates for 183-9,
1 drew a less favorable picture of our finances than had previously
been exhibited for many years iii New South Wales. The simple Excess of
truth. My Lord, is that the reputation of being very rich has exPenditure-
occasioned demands upon the Government, which, unless they
are resisted, will infallibly bring us to bankruptcy. When I
assumed the Government, we were spending £10,000 a month be-
yond our whole income, and it is very evident that we cannot
long continue at such a rate without becoming poor.
Our Land sales at Port Phillip have exceeded my expectations, Land sales at
as reported in my Despatch No. 154; but, on the other hand, PortPhillip*
our ordinary Revenue is falling off from the effect of the illicit Decrease in
Distillation, which 1 have above alluded to. The duties on Rum Jevenu?
alone have decreased at the rate of £1,000 a week.
I am sorry to inform your Lordship that the Country is suf- Prevalence of
fering much from want of rain, and that the disease called the cltanhin^
Catarrh is making dreadful ravages amongst the Sheep. sheep.
In my Despatch Xo. 115 of the 21st July, I brought under
your Lordship's notice a long list of atrocities, which had been
committed by and on the Aborigines, and I stated that I had
despatched a party of Mounted Police in search of some white Murder of
men,* who were supposed to have put to death in cold blood twenty a on£lnes*
two helpless and unoffending Blacks; the party returned only a
few days ago after an absence of more than two months, having
succeeded in taking eleven out of twelve of the persons, who
were known to have been concerned in this deed of blood. They
are now in Sydney Gaol, and will all be tried for murder. In-
stead of twenty two persons however, as at first reported, it is
now certain that not less than twenty eight of all ages and sexes,
though for the most part women and children, were deliberately
put to death on this most shocking occasion.
Mr. Robinson from Flinders Island is here and under examina- Examination of
tion before a Committee of the Legislative Council. In the pre- G- A- Robinson-
sent state of the Public mind, I fear the project of bringing objections to
the Van Diemen Land Blacks from Flinders Island to Port jasmJnian
Phillip must be abandoned; it meets with no support from any natives to
party here, even the Bishop is against it. I have, &c, Port l ip'
Geo. Gipps.
* Note 117.
60:
HISTORICAL RECORDS OF AUSTRALIA.
183S.
3 Oct.
Transmission
of return of
immigrants.
Objections
to cost of
government
system.
Committee
of council re
immigration.
Sir George Gipps to Lord Glexelg.
(Despatch No. 155, per ship Marinus.)
My Lord, Government House, 3rd October, 1838.
I have the honor to forward herewith a Return of the
number of Emigrants, who have arrived in New South Wales in
ships freighted by the Government, since the new system was
adopted in the early part of 1837.
The mortality, which was at first so great among the Chil-
dren, has considerably abated in the latter vessels, and at pre-
sent the only complaint in the Colony against the system is the
expense of it, which may I think be reckoned from 30 to 50 per
Cent, higher than that of the Bounty System.
The principal reason, which I can assign for this difference, is
that Private ships take in a portion of Cargo and Cabin Pas-
sengers, which Government ships do not.
A Committee of the Legislative Council is now sitting on the
subject of Emigration, and, as soon as they have made their
Report, I shall again address your Lordship on the subject.
I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this return is not available.^
5 Oct.
Transmission
of papers re
trial and
execution of
Maori.
Sir George Gipps to Lord Glenelg.
(Despatch No. 15G, per ship Marinus; acknowledged by
marquess of Normanby, 3rd March, 1830.)
My Lord, Government House, 5th October, 1838.
I transmit herewith for your Lordship's information a
Copy of a letter dated 25th May last, which I have received from
Mr. Busby, British Resident in New Zealand, informing me of
the circumstances under which a Native of that Island had been
tried and executed for the murder of a British subject. Before
I returned any answer to Mr. Busby's communication, I thought
it right to take the opinion of the Attorney General of this
Colony on the proceedings in question, and I have the honor to
enclose a Copy of his opinion, and also of the answer which I
on the receipt thereof caused to be returned to Mr. Busby.
I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will be found in a volume in series III.]
CUTS TO GLENELGh 603-
Sir George Gipps to Loud Glenelg. 183s.
i Despatch No. l"»T. per ship Marinus; acknowledged by
marquess of Normanby, 3rd March. 1839.)
My Lord, Government House, 6th October, 1838.
On the 5th instt., I transmitted to your Lordship Copies
of papers, which I had received from Mr. Busby relating to the
murder of an English subject at New Zealand named Henry
Biddle, and the way in which the murderer had been brought to
justice; I have now, I am sorry to say, to lay before your Lord- Report re
ship another case reported to me by Captain Bethune of Her merchant
.Majesty's ship " Conway,"' in which the Master of a British Vessel captain by
has been murdered in a different part of that Country. Your
Lordship will observe that, in this case also, an attempt was
made to give up to justice a man who was a slave; though it
would be most unjust to Mr. Busby on that account to suppose
that, in the case reported by him, he had not completely and in
the fullest manner satisfied himself of the guilt of the murderer,
before he suffered him to be put to death. The Report, which I
have the honor to enclose, is one made by Lieutt. Chetwode,
Acting Commander of Her Majesty's sloop " Pelorus," to Captain
Bethune, the Senior Naval officer on the Station, and the place
where the murder was committed is situated in Cook's Straits
near the Southern extremity of the Northern Island.
I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy this report will be found in a volume in series 777.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 158, per ship Dryade; acknowledged by
marquess of Normanby, 11th June, 1S39.)
My Lord, Government House, 8th Octt., 1838. 8 0ct
I have the honor herewith to forward to your Lordship Transmission
a Copy of some additional Regulations for the Assignment of °f regulations
Convicts, which I judged it expedient (with the advice of the of convicts.
Executive Council) to issue on the 15th August last.
It had become a matter of serious complaint in the Colony that
a Regulation, intended for the advantage of New Settlers, had Preference in
been very much abused. This Regulation (issued with the a?sl8ni"ent
2*iven to ii6W
General Regulations of the 9th May, 1835) allowed in the As- settlers,
signment of servants a preference to New Settlers, without any
distinction as to whether the lands on which they settled, and for
the cultivation of which they asked for Convict Servants, were
freehold or leasehold ; the consequence of which was that numerous
604
HISTORICAL RECORDS OF AUSTRALIA.
1838.
8 Oct.
Abuse of
preference.
Abolition of
assignment of
male convicts
in towns and
of male
domestic
servants.
Objection by
employers to
tickets of leave.
leases were granted for the sole purpose of qualifying persons
as New settlers, it being in the power of any large landed pro-
prietor, by granting fictitious leases to any number of his chil-
dren, servants or dependents, to get eight Convict servants for
each lease, whilst persons, who were more scrupulous as to the
means they employed, could get none.
The four first of the New Regulations are intended to put a
stop to this abuse.
The 7th and 8th Regulations are important ones ; they put an
end to the assignment of Male Convicts of any description in
Sydney and the other Towns of the Colony after the 1st Jany.
next, and to the assignment of Male Domestic Servants through-
out the Colony on the 15th August, 1839. These have long been
considered very desirable measures, but, on account of the scar-
city of labor in the Colony, the Government has until now been
unable to adopt them.
The 10th Regulation is one altogether new, but of which the
principle I hope will be admitted to be both just and necessary.
Since Convict labor has become so exceedingly valuable as it
now is, it is a matter of very frequent complaint that Masters
prevent their servants getting Tickets of Leave from an unwill-
ingness to lose their labor; and that they even cause (in some
cases) their men to be punished, for the sake of retaining their
services, it being known to your Lordship that each punishment,
which an assigned servant receives, puts him back a year in
getting his Ticket. I am willing to hope that the cases are but
few, in which Masters have been guilty of such injustice; but
room ought not, I think, even to be left for the suspicion of its
being practiced; and, in order to remove it, the Regulation
No. 10 has been adopted, under which in future the Master can
have no interest in preventing his servant getting a Ticket of
Leave, inasmuch as the man will be equally removed from his
service, whether he obtain it or not. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of these regulations will be found in a volume in
series 77.]
9 Oct.
Despatch
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 215, per ship Planter.)
Sir, Downing Street, 9th October, 1838.
I have received Sir Richard Bourke's dispatch No. Ill of
the 7th November last, and I have to convey to you the sanction
of Her Majesty's Government to the allowance of One hundred
GIPPS TO GLENELG. 605
pounds per annum, which he had granted to the Police Magis- 1838.
trate at Paramatta for performing the office of Visiting Magis- _'
trate at the Female Factory. I have, &c, Allowance for
17 ' magistrate at
(jfLENELG. female factorv.
Lord Glenelg to Sir George Gipps.
(Despatch No. 210, per ship Planter; acknowledged by
Sir George Gipps. 11th November, 1S30. )
Sir, Downing Street, 9th October, 1838.
In accordance with the arrangement for providing the Advance to
Agent General for New South Wales with such Funds as may *«ent *eneraL
be required to defray expenses incurred on account of your Gov-
ernment in forwarding Emigration from this country or for other
Colonial Services, the Lords Commissioners of the Treasury
have authorized further advances to Mr. Barnard to the amount
of Twenty thousand Two hundred pounds.
You will take measures for repaying this amount into the Mili-
tary Chest in the Colony. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 159, per ship Dryade ; acknowledged by
marquess of Normanby, 18th May, 1839.)
My Lord, Government House, 10th October, 1838. io Oct.
I have the honor to transmit herewith a Copy of a letter Resignation
from Mr. E. C. Close, a Member of the Legislative Council of this ^ Lmber^f
Colony, tendering the resignation of his seat in that Body. council.
Looking forward as we now are to a change in the constitution
of the Council, I have not thought it right to nominate any one
to act in Mr. Close's place, nor do I propose to submit for your
Lordship's approval the name of any person as his successor,
until I know the nature of the changes which are to be made
in it. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. E. C. Close to Colonial Secretary.
Sir, Morpeth. 8th September, 1838.
Having by the Solicitation of my friends, I may say for some
years, continued to retain my situation in the Legislative Council
against my own inclination, as it is an appointment I never desired,
and to which I was nominated without my wishes being in any
way consulted, and which alone I was induced to accept from a
combination of Circumstances now needless to detail; Having
exhausted a large portion of time, and between two or three hun-
dred Pounds in effecting my attendance: Having four times
G06
HISTOEICAL KECORDS OF AUSTRALIA.
10 Oct.
Resignation
of E. C. Close
as member of
council.
traversed the Sea to Sydney during the present Session, and on
my arrival, when I expected the Council would proceed to business,
been disappointed by adjournments for a week each time; and,
finding that, had I attended during the whole Session, I should
have been called on only to sit about thirty five times in nearly
four Months. 1 have to request you will Acquaint his Excellency
the Governor that 1 have neither inclination or ability to suffer
such losses of time, and therefore beg to decline any further par-
ticipation in the proceedings of the Council, and tender my re-
signation accordingly.
I have, &c,
E. C. Close.
11 Oct.
Despatch
acknowledged.
Recognition
of services of
A. Macleay.
Pension for
A. Macleay.
Compensation
claimed.
Statements by
Sir R. Bourke
re, A. Macleay.
Lord Glenelg to Sir George Gipps.
(Despatch No. 218, per ship Planter.)
Sir, Downing Street, 11th October, 1838.
I have received your dispatch No. 57 of the 11th April
last, transmitting a letter addressed to me by Mr. McLeay, late
Colonial Secretary of New South Wales, with two printed docu-
ments and one in manuscript.
I have to request you to assure Mr. McLeay that I do full
justice to his merits and character, as well as to the services which
he has rendered to the Colony. It is obvious, however, that the
pecuniary compensation allotted to a Public Officer cannot be
regarded as an exact measure of the estimate attached by the
Government to his public services. This is not the principle on
which a retiring allowance proceeds. It implies therefore no dis-
paragement of Mr. McLeay's acknowledged claims if I add that
the allowance of £250 per annum, which has been granted to him
in addition to his former Pension of £750 must be taken as a
final satisfaction of those claims. Lord Goderich's Instruction
of the 29th September, 1831, on which Mr. McLeay founds his
claim for £4,000 clearly applies only to cases of reduction in
consequence of the abolition of Office.
I need not observe that I cannot acquiesce in the terms, in
which Mr. McLeay, in his letter, characterises any allegations
made respecting him by Sir Richard Bourke. In fact that Officer
has never made any representation to me injurious to Mr.
McLeay's personal or official reputation.
He has indeed stated that Mr. McLeay's political opinions were
opposed on important subjects to his own, and that, as a Member
of the Executive Council, Mr. McLeay acted on his own principle
and therefore in occasional opposition to his immediate official
Superior. But this, as far as I can bring to my recollection, is
the whole extent of any representations of Sir Richard Bourke on
this subject, and this I cannot regard as constituting injurious
reflections in the personal sense of that expression.
GIPPS TO GLENELG. 607
To Mr. McLeay's demand for an admission that he is still con- 183s.
Bidered worthy of the confidence of the Government, I can have — t'
no difficulty in answering that nothing has occurred to diminish JMS0"!-
tlic confidence formerly reposed by the Government in his dili- A. Macleay.
gence, talent, integrity and public spirit.
It cannot, however, be too clearly understood that every man
in public life must be free to support that system of policy, which
he conscientiously regard- as most conducive to the public in-
terests, and which is at the same time consistent with law; yet the Right to
Government also must be free to dispense with the services of any dJ™2Jcml
man, when the public interests require it, due regard being of
course had to the just claims of the individual to a retired
allowance.
Understanding as I did originally that Mr. McLeay announced
his intention of retiring from the public service, I was not un- Resignation
willing to accept a resignation which relieved me from the neces- ° - - - ac eay"
sity of any more active proceedings on my part. But, assuming
that Mr. McLeay's intentions on the subject of his resignation
were misunderstood, and that he was obliged to quit his office in
opposition to his own will, I must refer to the preceding remarks
as a sufficient justification of a measure, which'it could not but be
painful to adopt in any case, but more especially in the case of a
Gentleman who possessed so unquestionable a title to public
esteem and consideration. I have, &c,
Glexelg.
Sir George Gipps to Lord Glexelg.
(Despatch Xo. 160, per ship Dryade.)
My Lord, Government House, 12th October, 1838. 12 oct.
I have the honor to forward herewith to your Lordship Transmission of
an Act of Appropriation * which was passed by the Legislative acTanTffnance
Council of this Colony in its late sitting, and with it all the papers.
Financial Papers* of the year in the Form in which they have
been usually forwarded to your Lordship from this Government.
Among them, I would particularly ask your Lordship's attention
to the Minute, which I felt it my duty to lay on the Table of the
Council with the Estimates of the coming year, by which it
appears that, though I inserted nothing of any importance in the Excess of
Estimates to which I did not find the Government pledged, their ov^ordina'ry
amount exceeded the probable amount of the whole ordinary revenue,
revenue of the Country by no less a sum than £75,791 Is. 4d.,
exclusive altogether of the Land fund or of the charges which it
has to bear.
* Xote 118.
608
HISTORICAL RECORDS OF AUSTRALIA.
1338.
12 Oct.
Expenditure
increased by
council.
Surplus revenue
from previous
vears.
Increase of
salaries for
assistant
colonial
secretary and
for architect ;
and for clerk
to clerk of
councils.
Separate
reports to be
transmitted.
Your Lordship will further perceive that, during the progress
of these Estimates through the Council, instead of a reduction
being effected in them, an increase was made to the amount of
£4,401 15s., raising the total of them from £521,911 Is. 4d. to
£326,312 16s. 4d., and thereby increasing the deficit from
£75,791 Is. 4d. to £80,192 16s. 4d. The circumstance of our hav-
ing a large balance in hand from the savings of former years
will enable us to cover this deficiency; but it is evident that,
unless our revenue increase or our expenditure be diminished,
the state of our finances must soon become embarrassed. I beg
to assure your Lordship that no exertion will be wanting on my
part to enforce the strictest economy in the expenditure of the
public funds, but justice to myself compels me to add that the
knowledge of there being a large sum of money in the Public
Chest (the savings of former years) has led to demands upon the
Government from every quarter, which it is almost impossible
to withstand. I beg respectfully to draw your Lordship's atten-
tion to the fact, as mentioned in page 4 of my printed Minute,
that the only officers of a rank superior to that of a Clerk, whose
applications for an increase of salary I have not resisted, were
the Assistant Colonial Secretary and the Colonial Architect.
The increase, which I recommended for each of. these officers,
was £100 per annum, raising their salaries respectively from
£450 and £500 per annum to £550 and £600; but, at the unanim-
ous request of the Council, I was induced to consent that the
salary of the former officer should (subject to confirmation by
Your Lordship) be set down also at £600 per annum. During
the progress of the estimates through the Council, it was also
proposed that the salary of the second Clerk of the Council, or
rather of the Clerk to the Clerk of the Council, should be raised
from £155 to £200 per annum; and, as the services of the gentle-
man who holds this situation were better known to the Members
of the Council than to myself, from the circumstances of his
being constantly in attendance on Committees, I did not think
it right to oppose the wishes very unanimously expressed by the
Council in his favor.
On the subject of the Establishments of Police and Gaols, it
will be my duty to address myself to your Lordship in a separate
Despatch, having promised that I would do so, whilst the subject
was under consideration in the Council.
I also shall have the honor to address your Lordship separately
on each of the cases in which I was directed to propose to the
Council the granting of a Pension.
GIPPS TO GLENELG. 609
Your Lordship will perceive that one of the Members of Coun- 1838.
jeil (Mr. Blaxland) entered a Protest (as he has done annually c '
for several years past) against some items in the Act of Appro- fr^*t]Jyd
priation, but that no other Member joined in it.
I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glenelg.
(Despatch No. 161, per ship Dryade.)
My Lord, Government House, 12th October, 1838.
With my Despatch of this day's date No. 160, I had the
honor to transmit to your Lordship the Act of Appropriation
recently passed by the Legislative Council of this Colony, as
well as other Financial Papers for the year in the shape in which
they are usually transmitted to your Lordship; and, in the con-
cluding paragraph of that Despatch, I stated that I should have
occasion to address your Lordship separately on the subject of Expenditure
the expenditure on Police and Gaols. I now accordingly have andgaofs.
the honor to inform your Lordship that I was unanimously re-
quested by the unofficial Members of the Council to represent to Objections
Your Lordship the very great reluctance with which they voted members"?
for the expenditure of the large sum of £68,056 6s. 8d. for the expenditure,
maintenance of the Police and Gaols of the Country; and I have
to inform your Lordship that, if I had not obtained their votes
by promising to lay their representation before your Lordship,
I should have had to carry this item in the Estimates by the
votes of the Official Members alone, and by my own casting Vote.
The arguments adduced by the Members opposed to the item Arguments
were: first, that this Gaol and Police Establishment, so dispro- expenditure
portioned to that of any other Colony or Country in the world,
is rendered necessary solely and entirely by the nature of the
population which has been poured into New South Wales by the
Mother Country, and that therefore some portion at least of the
expense of it should be borne by the Home Government ; secondly,
that, when this burthen was first imposed on the Country in
1835, the Council did not suppose it was to be followed up by
throwing other charges upon the Colony of the nature of those,
which it has been called upon this year to defray; and thirdly,
that if, as it appears from your Lordship's Despatches of the
26th Jany., 1838, No. 67, and 31st Octt., 1837, No. 18, a distinc-
tion is rigidly to be drawn between the expense incurred on
account of Convicts serving under sentences, and of those whose
sentences have expired, the one being charged on the Home and
the other on the Colonial Government, the principle ought to be
applied as well in Prisons as in Hospitals and Lunatic asylums;
Ser. I. Vol. XIX— 2 Q
610
HISTOEICAL EECORDS OF AUSTRALIA.
1838.
12 Oct.
Arguments
against
expenditure.
Estimates
for services
transferred
to colony.
Inability
to meeet
expenditure
from ordinary
revenue.
and that, in such case, a very large proportion of the charge for
Police and Gaols should be defrayed by the Mother Country, in-
asmuch as a large proportion of the crimes, which render Gaols
and a Police force necessary, are committed by Convicts under
sentence, and the Gaols are filled with men of the same class.
I was also requested by the same Members of the Council to
exhibit to your Lordship the amount of items in the Estimates
for 1839 for services, which, in the course of little more than
three years, have been transferred from the Crown to the Colony.
These items are :
£ s. d.
Police arid Gaols 68,056 6 8
Do. (Port Phillip) 6,097 7 6
Harbour Master's Department 493 16 8
Free Paupers and Lunatics 3,500 0 0
Do. (Port Phillip) . 216 17 6
78,364 8 4
Sums voted for Building New Gaols or Court-
houses in 1839 12,500 0 0
£90,864 8 4
According to the division of expense in use before the 1st July,
1835, the whole of the above would have been defrayed by the
Mother Country, and of it £21,897 14s. is charged upon the
Colony, in consequence of orders received during the last year
(Vizt.) :
£
Mounted Police 15,137
5. d.
Do. (Port Phillip)
Paupers and Lunatics
2,550
3.500
0 ) 14th Octt.
0 f No. 4.
0
183'
1838,
Do. (Port Phillip)
Harbour Master's Department
216 17 6
493 16 8
1S37,
26th Jany
No. 67.
31st Octt.
No. 18.
6th June, 1S3
No. 325.
£21,897 14 2
In submitting this statement to your Lordship at the request of
the unofficial Members of the Legislative Council, I would only
further beg permission to draw your Lordship's attention to the
statement on the subject of Police and Gaols contained in Sir
Richard Bourke's Despatch of the 12th Augt, 1835, No. 79, and
more particularly to his Despatch of the 8th Septt., 1837, No. 85,
in which Sir Richard Bourke expressly pointed out that, without
assistance either from the Home Government or the Land fund,
it would be impossible to keep the expenditure of the Colony
within its income. I have, &c,
Geo. Gipps.
GIPPS TO GLENELG. 6J1
Sn; George Gipps to Lord Glenelg. 1838.
(Despatch No. 162, per ship Dryade; acknowledged by
marquess of Normanby, 20th June, 1839.)
My Lord, ( Government House, 13th October, 1838.
With reference to your Lordship's Despatch, of the Pension for
12th June, 1837, No. 328, authorising me to propose to the Legis- s,r ' Forbes-
lative Council of this Colony a Pension of £700 a year to Sir
F. Forbes (late Chief Justice of New South Wales), I have the
honor to report to your Lordship that I included a Pension to
this amount in the Estimates, which I laid before the Council
during the late Session, and that it has, though only after very
considerable opposition, been voted for the current year and to
the end of 1839.
It is my duty to report to your Lordship that on this occasion Objections by
a very marked disinclination was manifested very generally by ^nto/0
the Members of Council to the granting of Pensions, though pensions.
by some an exception was made in favor of the Judges and by
others a willingness was expressed to give, in lieu of a Pension,
a gratuity of one or two years' salary to an officer on his retire-
ment, provided his services had been such as to merit it.
Pensions, which are required to be voted annually, never fail Gratuities
to excite irritation in the public mind; and I therefore respect- f,™^^
fully beg to say that I concur entirely with the Members of the pensions.
Council, who were in favor of granting gratuities instead of them.
In the case of Sir Francis Forbes however, a gratuity of two
years' pay (or £4,000) would not have been equal to the value
of his proposed Pension, and I therefore did not think it right
to accept it. I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glexelg.
(Despatch No. 163, per ship Dryade: acknowledged by
marquess of Normanby, 25th June, 1839.)
My Lord, Government House, 13th October, 1838.
With reference to your Lordship's Despatch of the Pension for
17th June, 1837, No. 331, authorising me to propose to the Legis- A* Maclea^-
lative Council of this Colony a Pension of £250 a year to Mr.
McLeay, late Secretary to the Colony, I have the honor to report
to your Lordship that I included this Pension in the Estimates,
which were laid before the Council during its late Session.
Although a very considerable degree of discussion was excited
in the Council by the large addition to the Pension List, pro-
posed in the cases of Sir F. Forbes and Dr. Kinchela, com-
paratively little objection was raised against the Pension to
612
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 Oct.
Opinion of
council re
pension for
A. Macleay.
Commutation
of pension for
A. Macleay.
Compensation
proposed for
A. Macleay.
Mr. McLeay. One Member only, Mr. Blaxland, has entered a Pro-
test against it, whilst your Lordship will perceive by the Resolu-
tion,* which I have the honor to enclose, that the majority of the
Council considered the proposed Pension of £250 a year to be too
small a compensation for his loss of office. Mr. McLeay has
always maintained that, as he was not removed from office at his
own request, he is entitled to a gratuity of two years' pay under
the Despatch of Secretary Lord Goderich of the 29th Septt,,
1831, No. 27; and, though I explained in Council that I con-
sidered that Despatch to apply to cases only where an office
was abolished, a majority of the Council were disposed to vote to
Mr. McLeay the sum which he claimed, partly because they con-
sidered his resignation to have been a forced one, and partly
because an immediate saving of £500 a year was effected by his
retirement, the salary of his successor being reduced from £2,000
to £1,500, and a larger contemporaneous saving effected by the
abolition of the office of Collector of Internal Revenue, the
arrangement by which that office was abolished being facilitated,
though not caused, by Mr. McLeay's removal from office.
During the course of these discussions, a very general dis-
inclination being manifested by the Council to the granting of
Pensions, which require to be annually brought before the Public
and never fail to excite irritation, it was arranged that the com-
puted value of an annuity of £250 commencing from the day on
which Mr. McLeay left office, vizt., the 1st Jany., 1837, and con-
tinued for the term of his natural life, should be given at once
to Mr. McLeay, and accepted by him in full commutation of
the Pension of £250, but without prejudice to the claim for
further compensation put forward by him and recommended for
favorable consideration by the Council; I have accordingly to
report that the sum of £1,750 was inserted in the Appropriation
Aot for that purpose, and has been already paid to Mr. McLeay.
This sum however, it is clearly understood (and so expressed in
the Appropriation Act) is to be considered as part of the large
sum of £4,000, should Your Lordship be pleased to accede to the
wishes of the Council, as expressed in the Resolution which I
have now the honor to forward. This Resolution having been
brought forward by Mr. McLeay's friends, and not officially by
me, is of course to be considered as a spontaneous expression
of opinion by the Council. It will afford me pleasure to be able
to convey to the Council your Lordship's sanction to this act of
their liberality; but, as it did not originate with me, it will be
looked on, I trust, only as a permissive Act of my Government.
I have, &c,
Geo. Gipps.
Note 119.
GirPS TO GLENELG. 613
Sn; George (Jipps to Lord Glexelg. is.38.
(Despatch No. 1(54, per ship Dryade; acknowledged by
marquess of Normanby, -1st May, 1839.)
My Lord, Government House, 13th October, 1838.
My Despatches of this day's date, Nos. 162 and 163, will
have informed your Lordship of what was done in the late
Session of the Legislative Council of this Colony in respect to
the Pensions, which I was authorized by your Lordship to pro-
pose for Sir F. Forbes and Mr. McLeay; it remains for me now Allowance
to report to your Lordship on the case of Dr. Kinchela, for j^Kfnchela^
whom also 1 was authorised, by your Lordship's Despatch of the
10th June, 1837, No. 327, to propose a Pension of £500 a year,
or rather an allowance of that sum per annum, until some other
•employment could be found for him.
In order to explain my reasons for the course which I have
adopted in respect to Dr. Kinchela, it is very necessary for me
to state explicitly to your Lordship that, when I assumed this
•Government, I found the Law business of the Crown in a state Arrears in
of arrear, not to say confusion, that was highly detrimental to ol^rown!^
the Government and to some of the best interests of the Colony.
The subject was 'orought under the consideration of the Council
by a complaint from the Bishop of Australia, when the Estimates
for the Law Department were under consideration; but I am
forced to acknowledge, as was also the Attorney General, that
His Lordship was not the only person who had cause to com-
plain. It was under these circumstances, My Lord, I proposed
that, as Dr. Kinchela was to receive £500 a year from the Colony,
he should perform some service for it; and, as he very hand- Appointment
somely professed himself ready to do so, he has been appointed ^ a^sintT14
for the present Advising Counsel to the Government, and a counsel for
salary of £500 a year voted to him in that capacity by the Legis- gov ernment-
lative Council. His appointment will, I hope, relieve the At-
torney General from some part of his burthensome duties, par-
ticularly in drawing Bills to be presented to the Legislative Coun-
cil, in giving opinions on cases referred to him, and in the
examination of Deeds submitted for his approval. As Dr. Kin-
chela has not however undertaken to do Attorney's business, his
appointment will not very materially relieve the Crown Solicitor, Reorganisation
in whose office the principal delay occurs, I shall therefore shortly JjgjJJj1^1 in
have to submit to your Lordship a more full report on the state crown solicitor,
■of the Law Department, and of the remedies which are proposed
for it, the object of my present Despatch being merely to bring
under your Lordship's notice so much of the subject as is neces-
sary to justify the measures which I have adopted in respect to
Dr. Kinchela.
6H HISTORICAL RECORDS OF AUSTRALIA.
1838. The Law business of the Colony is enormous, and particularly
(as your Lordship will readily believe) that part of it which
Effect of is connected with the administration of Criminal Justice. The
of office of measure, which was adopted in 1836, of abolishing the office of
solicitor- , Solicitor General has, I believe, produced in part the evils of
which I now complain; but I am not in a condition as yet to
enter on this subject, not having received a Report which has
been promised me on the subject by the Attorney General.
I have, &c.,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 219, per ship Planter.)
15 Oct. Sir, Downing Street, 15th October, 1838.
With reference to former correspondence on the subject
of the charge for the Police and Gaols in New South Wales and
particularly to Sir Richard Bourke's dispatch No. 85 of the
Transmission of 8th September, 1837, I have the honor to transmit to you a copy
rrexpend?tmCee of a letter from m^ Under Secretary to the Secretary to the
on police and Treasury, forwarding for the consideration of the Lords Com-
missioners the dispatch above referred to. I also enclose for
your information and guidance a copy of the reply, which has
been returned to that communication, intimating that their
Lordships, having adverted to the state of the Revenue of New
South Wales and to the estimated amount of the Colonial Ex-
penditure for the present and preceding years, have not seen
reason to apprehend that it will be necessary to make any appro-
priation from the Land Fund for defraying the general expendi-
ture of the Government, or that there will be any deficiency
of means for carrying on public works properly chargeable on
the general revenues of the Colony, after the existing accumula-
tion in the Treasury shall have been disposed of; and that they
therefore have not considered it advisable that any alteration
should be made in the arrangements, which have already been
directed by Her Majesty's Government in regard to the charges
for Police and Gaols. I have, &c,
Glenelg.
[Enclosure No. 1.]
Under Secretary Stephen to Mr. A. Y. Spearman.
Sir, Downing Street, 5th March, 1838.
With reference to your letter of 30th of September last,
stating the opinion of the Lords Oommissrs. of the Treasury that it
would be proper to press upon the local Government of New South
Wales and Van Di emeu's Land the whole charge of the Police
and Gaols in those respective Colonies, and with reference also-
GLENELG TO GIPPS. G15
to iny letter of 31st of January last, enclosing the annual statement 1838.
of the ways and means of the Colony of New South Wales for the 160ct.
present year. I am directed by Lord Glenelg to transmit to you the Transmissjon
enclosed Copy of a Despatch from Governor Sir Richd. Bourke, 0f despatch re
containing a full Report with regard to the amount of the Revenues expenditure on
applicable to defray the charges of Emigration on the plan adopted ^f31
by Her Majesty's Government: and 1 am to request that you will
bring this Despatch under their Lordship's consideration, and that
you will request them to acquaint Lord Glenelg whether the State-
ments contained in this Despatch would lead them to consider any
alteration necessary in the decision, which they have already
adopted in regard io the charge of the Police and Gaols in that
Colony: as it appears from this Report that the effect of such
do. ision must be very greatly to abridge the extent of the Funds
which have been hitherto destined to the introduction of Emigrants
into the Colony from Great Britain.
Lord Glenelg regards Emigration to New South Wales and Van Necessity
Diemen's Land of so much importance both to the interests of this for funds for
country and of the Colonies, especially of the latter, that he emi^ratlon-
earnestly hopes that no part of the Revenue arising from the Sale
of Land will be diverted from the object of Emigration. Lord
Glenelg is therefore anxious to invite their Lordships' serious atten-
tion to the Statements contained in the enclosed Despatch.
In order to enable their Lordships more fully to consider this
question, I enclose by Lord Glenelg's direction a copy of a Report
from the Agent General for Emigration, shewing the extent to which
Emigration has been carried on since the period of his appoint-
ment ; and I am to add that there is every reason to expect from
statements received, both from various quarters in this country and
from New South Wales, that Emigration to that Colony may be
carried on for the future on a still more extended scale, provided
adequate funds exist for defraying the expenses.
I have, &c,
Jas. Stephen.
[Enclosure No. 2.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers, 9th October. 1838.
With reference to your letter of 5th March last, further on Anticipations
the subject of charging the whole expenses of the Police and Gaols re revenue
at New South Wales and Van Dieruems Land on the colonial funds, availabie for
I have it in command from the Lords Commissioners of Her Ma- expe" x ure*
jesty's Treasury to request you will observe to Lord Glenelg that
my Lords, having adverted to the state of the revenue of New South
Wales and to the estimated amount of the Colonial Expenditure for
the present and preceding years, have not seen reason to apprehend
that it will be necessary to make any appropriation from the Land
Fund for defraying the General Expenditure of the Government,
or that there will be any deficiency of means for carrying on Public
Works properly chargeable on the General Revenue of the Colony
after the existing accumulation in the Treasury shall have been
disposed of ; and have not considered it advisable that any alteration
should be made in the arrangements the Governor was instructed
to adopt in regard to the charges for Police and Gaols.
I am, &c,
F. Baring
616
HISTORICAL RECORDS OF AUSTRALIA.
1838.
15 Oct.
Proposal re
maintenance
of convicts
assigned to
town surveyor
at Sydney.
Expected
abolition of
system of
assignment.
Sir George Gipps to Lord Glenelg.
(Despatch No. 165, per ship Dryade.)
My Lord, Government House, 15th October, 1838.
I beg leave to report to your Lordship that, on the
12th March last, not many days after I arrived in the Colony,
I received from Mr. Miller, Deputy Commissary General, a copy
of a letter, which he had addressed on the 23rd Novr., 1837, to the
Colonial Secretary, and with it the renewal of an application
which he had at that time made for transferring to the Colony
the expense of maintaining a number of Convicts, employed
under the Town Surveyor of Sydney, which transfer of expence
however Sir Richard Bourke refused to sanction.
I have now the honor to transmit Copies of the whole corre-
spondence, which has taken place on this subject for your Lord-
ship's consideration, in connection with the general subject of
Finance, treated of in my Despatches of the 12th instt., num-
bered respectively 160 and 161; and I also beg leave to submit
to your Lordship the reasons why I did not think it right to
depart from the decision given by Sir Richard Bourke in this
•case.
Your Lordship will observe that Mr. Miller founds his applica-
tion on the admitted fact that, if the men were not employed by
the Town Surveyor, they might be assigned into private service,
and the expence of their maintenance saved to the Government.
Sir Richard Bourke on the other hand refuses to comply with
his demand on the equally acknowledged fact that men, employed
in making roads or in levelling streets, whether fit for private
service or not, have always up to the present time been clothed,
fed, and lodged at the expense of the Home Government, the
expense of Tools and of the Superintendence of their labor
being defrayed by the Colony. I am aware that the simple fact
of this expence having hitherto been borne by the Crown is an
insufficient reason for saying that it should be continued; but I
will first submit that, if it is to be discontinued, it should be
done upon some other grounds than those put forward by Mr.
Miller; and then shew my reasons for only thinking it fair to
continue it.
The system of assignment has been, I believe, condemned in
England as the worst part of Transportation, and will in all
probability be shortly abolished; if therefore we now lay down
a general rule that all Convicts, not in assignment or not fit
for assignment, are to be supported by the Mother Country, the
effect may, and in all probability will be, to throw upon the
Military Chest the cost of maintaining every Convict in New
South Wales, who is not the holder of a Ticket of Leave. If the
GIPPS TO GLENELG. 617
system of Assignment were intended to be perpetuated, I do not 1838.
think the Colony would object to the rule proposed by Mr. Miller '
of making fitness for assignment the test whether the main- PrinCi^for
tenance of a Convict with all its incidental expenses should be expenditure
i i t n i • i i t i on convicts.
borne by the Crown or the Colony; provided only that it were
applied universally, as well in Gaols as on the Roads or in the
Streets, and that a due proportion of the expense of Police
Establishments and Courts of Justice, required for the appre-
hension and trial of Convicts unfit for assignment, were trans-
ferred to the Mother Country. At a time however when assign-
ment is expected speedily to be abandoned, the introduction of
such a new principle of division is hardly I think to be deemed
•expedient.
As the agitation of subjects of this nature never fails to pro- Necessity for
•duce, in a greater or less degree, irritation and illhumour in the general" °
Colony, I need scarcely state to your Lordship how desirable it is Principle.
that a principle of division, as broad and comprehensive as pos-
sible, should be established and steadily acted upon. The prin-
ciple, on which up to the present moment the division has been
made, is that (with some few exceptions either way) all ex-
pences incidental to Convicts under sentence are to be defrayed
by the Home Government, all expenses incidental to those whose
-sentences have expired by the Colony. Under this division, the
Colony has and always has had the labor of a considerable num-
ber of Convicts, who are lodged, fed and clothed by the Home
•Government; but of them, by far the greater part are in Irons,
and it is very doubtful whether the labor of men in Irons is
worth more than what it costs for Tools and Superintendence.
The labor of those out of Irons is valuable in Sydney, but would
speedily cease to be so, if Mr. Miller's proposal were acted upon.
The cases quoted by Mr. Miller of the men employed in distant
parts of the Colony in the Surveyor General's Department, or
by the Colonial Engineer or architect, do not form the rule but
the exceptions to the rule ; and they are all in favor of the Home
'Government. The men in the Botanic Garden or the Government
Domain also form exceptions, the propriety of which is I think
•obvious.
It is doubtless a part of Mr. Miller's duty to see that no im- Duties of
proper charge is cast upon the British Treasury, whose officer he attribution of
immediately is; but there are Colonial officers, whose duty it expenditure,
is equally to guard the Local funds; and, if encouraged by me,
they would, I am convinced, be equally prompt to bring forward
cases, in which charges are borne by the Colony, though in their
opinion they should be defrayed out of Home funds. There is
618
HISTOKICAL RECORDS OF AUSTRALIA.
1838.
15 Oct.
Doubt re
revenue
available for
expenditure.
indeed hardly any Department of Government in which a con-
siderable portion of expense is not incurred on account of Con-
victs under sentence.
I am myself almost the only person in New South Wales,
whose duty it is equally to protect the interests of the Mother
Country and the Colony. Without however pronouncing any
further opinion on the fairness or unfairness of Mr. Miller's pro-
posal, I will conclude by expressing to your Lordship my very
great doubt, whether the Colony can long bear the charges
already transferred to it, if the whole expence of Gaols and
Police is to be continued on it and the Land Revenue entirely
appropriated to Immigration. I have, &c,
Geo. Gipps.
Proposal re
maintenance
of convicts
employed by
town surveyor.
Decision by
Sir R. Bourke
re maintenance
of convicts.
[Enclosure No. 1.]
Dep. Commissary- Genl. Miller to Colonial Secretary.
Sir, Commissariat Office, Sydney, 23rd November, 1837.
I have the honor to State, for the information of His Excel-
lency the Governor, that the convicts assigned to the Department of
the Town Surveyor and employed as Mechanics, Boatmen, Watch-
men, and Carters in Sydney Streets, etc., about 50 in number, still
continue to be supplied with Rations at the charge of the Military
Chest ; and, as these men are not wrought in Irons, nor for punish-
ment, but rather in the Character of assigned Servants for the
benefit of the Colony, there does not appear to be any reason why
their Rations should not be transferred to the charge of the Colo-
nial Treasury, in the same manner as those of Convicts assigned
to other Colonial Establishments and which I beg to propose for
His Excellency's Consideration. I have, &c.
Wm. Miller, D.C.G.
[Enclosure No. 2.]
Colonial Secretary Thomson to Dep. Commissary-Genl. Miller.
Colonial Secretary's Office,
Sir, Sydney, 4th December, 1S37.
I have the honor to acknowledge the receipt of your Letter
of the 23rd November, suggesting that the Men under the Town
Surveyor should be victualled by the Colony; and in reply I am
directed by His Excellency the Governor to inform you that the
convicts, alluded to in your Communication being employed on the
Streets, are to continue as in other similar Cases to be rationed at
the expense of the Military Chest. I have, &c,
E. Deas Thomson.
[Enclosure No. 3.]
Dep. Commissary-Genl. Miller to Colonial Secretary.
(No. 448.)
Sir, Commissariat Office, Sydney, 12th March. 1838.
For the information of His Excellency the Governor, I have
the honor to transmit herewith a copy of a Letter, which I addressed
to you on the 23rd of November last, suggesting that the maintenance
GIPPS TO GLENELG. 619
of the Convicts employed under the Town Surveyor as Carters, 1838.
Mechanics, Watchmen, Boatmen, etc., should be transferred from lBOct.
the Military Chest to the Colonial Treasury, and also a copy of Renewalof
vour answer dated 4th December, Conveying the decision of the proposal re
late Governor Sir Richard Bourke that they should continue to be J^nvicts?6
maintained at the charge of the Military ('host " as in other similar
rases-."
That answer being dated on the day preceding Sir Richard's
departure for England, I am induced to think that time did not
admit of his referring to tin4 tendency of the reason given for
continuing the charge on the Military Chest, as in all other similar
cases the expense is actually defrayed from the Colonial Treasury.
These cases are the Convicts employed in Surveying Parties, and
on all the various works under the Surveyor General; Those em-
ployed under the Colonial Architect, the Colonial Engineer, and
the Colonial Botanist in the Government Domain at Sydney and
Parramatta; Those employed by the Department of Customs as
Boatmen, Labourers, Messengers, etc., and in many other Colonial
objects, all of which are maintained and clothed at the charge of
the Colony.
The principle, on which the allotment of such expenses has
hitherto been made, is that the Military Chest should be charged
with the expense of Clothing, maintenance and Lodging, of all
Convicts, who are kept to forced Labour in Ironed Gangs, or road
Parties, in pursuance of either their original Sentence in England,
or for crimes subsequently committed in the Colony, and that the
Superintendence of all such Convicts with the Tools and imple-
ments used by them in working should be borne by the Colonial
Treasury, together with the expense of Clothing and Maintaining
all such assignable convicts as may be found necessary to carry
into effect the said Superintendence or for such subsidiary work as
they can better perform.
The Object of my application was that the Assignable Convicts
employed under the Town Surveyor might be made chargeable to
the Colonial Treasury; the Colony has the benefit of their Labour,
and. if they were not so employed, they would be assigned to
Private Individuals, and the Military Chest would be relieved of
their Maintenance and Clothing. I therefore beg to Submit the
case to the consideration of His Excellency the 'Governor.
I have, &c,
Wm. Miller, D.C.G.
Sir George Gipps to Lord Glenelg.
(Despatch No. 166, per ship Dryade.)
My Lord, Government House, 16th October, 1838. 16 Oct.
In my Despatch of yesterday's date No. 165, I had the Reference
to form
despatch.
honor to bring under your Lordship's notice an application from t0
the Deputy Commissary General, made first to my Predecessor
and afterwards to myself, on the subject of Convicts employed
by the Town Surveyor of Sydney, and proposing- as a general
rule that all Convicts assignable, though not assigned, should be
620
HISTOEICAL RECORDS OF AUSTRALIA.
1838.
16 Oct.
Proposal re
payment for
clothing of
convicts.
maintained at the expence of the Colonial Government. I now
transmit a copy of another letter from the same officer, proposing
that the Clothing, which is issued to these same Convicts when
they are landed, should be also paid for by the Colonial Govern-
ment; and, if the one proposal is to be acted on, the other may
perhaps be considered to follow it as of course.
It is not however correct to say that these men are assigned
to the Colonial Government; they are not assigned at all, but
kept at the disposal of Government; The word Assigned, in the
sense in which it is used in New South Wales, being applicable
only to men who are removed from the immediate control of the
Government. I have, &c,
Geo. Gipps.
[Enclosure.]
Dep. Commissary-Gexl. Miller to Colonial Secretary.
Sir, Commissariat Office. Sydney, 14th June, 1838.
For the information of His Excellency the Governor, I have
the honor to state that the Clothing, which is furnished to Convicts
when assigned on their arrival from England, is the property of the
Board of Admiralty; and, in consequence of directions from the
Lords of the Treasury, it is my duty to account for it, and to pro-
vide for the Sums received being repaid in England to the Ad-
miralty.
I have lately observed that the Sums received for the Clothing
by each Ship is considerably diminished by a Number of the Con-
victs being assigned to the different Departments of the Colonial
Government ; and I therefore beg to suggest for the consideration
of His Excellency whether the regulated Sum of Twenty Shillings
for each Suit should not in all such cases be issued from the Colo-
nial Treasury in order to its being repaid to the Admiralty.
The reason of my not having made this application before the
present time is that no intimation was given to me of any order
to assign these Convicts to the Service of the Colony ; and, even in
the case of those assigned to the Department of the Town Sur-
veyor who are still maintained at the charge of the Military Chest,
I had no knowledge of the transaction, until I happened to dis-
cover it by the Accounts, whereas I should have been made
acquainted with it, to include the expense in my Annual Estimate
which has not been done. I have, &c,
Wm. Miller, D.C.G.
Sir George Gipps to Lord Glenelg.
(Despatch No. 167, per ship Dryade; acknowledged by
marquess of Normanby, 22nd May, 1839.)
18 Oct. My Lord, Government House, 18th October, 1838.
Memorial On the 21st jSTovr., 1835, a Memorial was transmitted to
iromW^Henry ^our L°rdship by Sir Eichard Bourke from a person named
Willm. Henry, formerly a Private in the Marines, complaining
GIPPS TO GLENELG. 621
of having been put out of possession of some land at Lane Cove, -.l8^8;
a place situated on the Parramatta River about eight miles from
Sydney; and, on the 18th Augt., 1836, your Lordship, in a Des-
patch No. 90, was pleased to call for further information in the Report
case; I cannot find that this information was ever forwarded requirec
by my Predecessor, and I therefore think it right now to report
upon the subject.
I have minutely examined a large mass of papers connected Report re
with Henry's claim, and have collected from them the following w^Henry-
facts: —
That tlic Grant, which William Henry had from General Mac-
quarie, was one of 40 acres only; and that he was in possession
of these 40 acres in 1829, but sold them before 1832 ;
That, in 1829, he obtained a Lease of 1,000 acres of land in
the neighbourhood of his grant of 40 acres, and that, before he
applied for this Lease, he neither had nor claimed to have autho-
rized possession of any land, save his own 40 acres. He first
applied in 1829 for a lease of 50 acres only; and, on being asked
why he wanted so small a quantity, he replied that he did not
know there was more vacant, but that he should like to have 1,000
acres; and accordingly he got 1,000 acres on the conditions on
which lands were then usually leased, vizt., that he should use
them for the purpose of grazing only, that he should not cut
timber, and that he should give up the whole or any part of them
on one month's notice, the rent being 2s. 6d. per 100 acres per
annum, or £1 5s. for the whole. Mr. Henry, having thus got
possession of these 1,000 acres of land, and having I presume
about the same time sold or bargained to sell his own 40 acres,
built a Bark Hut on a part of the 1,000 acres, and removed his
family into it. In the month of May, 1831, a person named
Robert Ball obtained (in satisfaction of a former promise from
General Darling) a grant of 100 acres of the land, which Henry
thus held as a Tenant at will, regular notice being given to
Henry that he must quit possession; but Henry then claimed
a prior right to the land, on the ground that he had built a hut
on it and otherwise improved it. In consequence of this claim,
Robert Ball was kept out of his land until 1835, a minute and
anxious enquiry being instituted to do justice to William Henry
in respect to his improvements, it being the custom of the time
to give every man the value of his improvements, if not the
land on which they were made. These improvements were said
by Henry to consist of the Hut already mentioned, the cleared
622
1838.
18 Oct.
Report re
claims of
W. Henry.
HISTORICAL RECORDS OF AUSTRALIA.
Documents
transmitted.
Application
by W. Henry
to lease land.
.
land, and a Vineyard. The Hut, called by Henry a house, was a
common Bark one, too insignificant in value to be taken into
any serious consideration. The expense of clearing the land
was considered by the Surveyor, who was specially sent to report
on it, amply to have been repaid by the sale of the timber, there
being for that article always a ready sale in Sydney, which is
indeed principally supplied with timber from Lane Cove; and
the Vineyard was found to consist only of a few Vines, planted
on half an Acre of land not included in the grant to Ball.
From a great mass of documents which exist on this trouble-
some though trifling matter, I have selected the following, and
send Copies of them to your Lordship.
1. A copy of William Henry's first application for fifty acres
of land on Lease;
2. His second application, in which he asked for 1,000 acres ;
3. His first Memorial to Sir Richard Bourke.
(In not one of these three documents does he set forth any
right or claim to more than the 40 acres, granted to him by
General Macquarie.)
4. The Report of the Surveyor, who was sent to enquire into
the value of his improvements ;
5. A letter from the Surveyor General, denying that he had
ever said, " if he had known the value of those improvements,
he would have reported more favorably of Henry's claim."
I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Mr. W. Henry to Colonial Secretary Macleay.
Lane Cove, District of Hunter's Hill,
Sir, 19th December, 1828.
In Conformity with the Government Notice of the 16th of
last October, I hereby propose to Rent, on the conditions therein
stipulated, about Fifty Acres of the Crown Land adjoining my
Farm in this District, Situate between my Grant of 40 Acres
(which I received from Governor Macquarie) and the Lane Cove
river. I am, &c,
W. Henry
[Enclosure No. 2.]
Mr. W. Henry to Colonial Secretary Macleay.
Sir, Lane Cove, 30th June, 1829.
I have been duly honored with your Letter of the 6th in-
stant, requesting that I would state my object in Applying to rent
so small a quantity as Fifty Acres of Land adjoining my Farm in
this Neighbourhood. In compliance therewith, I beg to state that
GIPPS TO GLENELG. 623
I had no particular Motive in Applying for that quantity, other than is38.
my not being aware that there was any greater quantity unlocated; 18 Qct-
hut. as I am informed by your Communication that there is a Application
considerable quantity vacant, 1 now propose to rent One thousand by W.Henry
Acres, bounded on the South by my Farm and running in an to lease land.
Easterly direction, on the Terms Specified in my Letter of the
litth of last December. I am. &c,
W. Henry.
[Enclosure No. 3.]
The Humble Petition of William Henry, Petition of
W. Henry
To His Excellency General Richard Bourke, Captain General and claiming
Governor and Commander in Chief, in and over His Majesty's relief re land
Colony of New South Wales and its Dependencies, etc., etc., etc., occupie<
Most Respectfully Sheweth,
That your Petitioner formerly served in H.M. 3d as Plymouth
Division of Royal' Marines.
That your Petitioner received, under the Administration of His
Late Excellency Governor Macquarie, Forty Acres of Land by
Grant Situate at Lane Gove, and took possession by Cropping the
Ground in proper Seasons with such Articles of Gardening and
otherwise as directed by the Agriculturist.
That your Petitioner also erected on same sufficient P>uildings,
etc.. for the residence of his Wife, children and servant.
That your Petitioner was unsuccessful in such Labours, by rea-
son of the badness of the Crops, particularly during three Years'
perpetual drought : added to this. Your Petitioner incurred various
heavy Debts tor the purpose of Supporting his Family, this, coupled
with the affliction of a sick wife and children, compelled him to
sell his Farm to pay off his just debts.
That your Petitioner then removed to a piece of Ground in the
same Neighbourhood, which had Cost him Sixteen years' Labor in
clearing, and cut a road through and over a stupendous Rock for
the purpose Chiefly of planting a Vineyard, orchard, etc., thereon,
such Road running parallel from Penant Hills to Sydney Road, and
has erected suitable buildings for himself and family, and has main-
tained two Prisoners of the Crown, one more than Seven Years, and
the other more than Five.
That one Mr. Robert Ball has got measured to him a part of the
cleared Land and improvements to the severe distress of your Peti-
tioner's helpless Wife and Family.
Your Petitioner begs to state that the Land last named was
cleared by the manual Labour of Your Petitioner and his son (who
is nowr coxswain at Norfolk Island) and your Petitioner's Servants
chiefly at a time when almost starving, and in a state of nakedness.
Your Petitioner, under the foregoing truly Stated circumstances,
prays your Excellency will be pleased to take his case into your
Excellency's benign consideration and will be pleased to grant him
relief in the Premises or such further relief as to your Excellency
shall seem meet, and his Case in your Excellency's Wisdom requires.
William Henry.
Lane Cove, 21st May, 1832.
624
HISTORICAL RECORDS OF AUSTRALIA.
1838.
18 Oct.
Report by
S. A. Perry re
improvements
of W. Henry.
Denial by
S. A. Perry of
allegations bv
W. Henry.
[Enclosure No. 4.]
Mr. S. A. Perry to Colonial Secretary.
Sir, Surveyor General's Office, 4th July, 1S31.
Having, in Compliance with the Governor's wishes (as inti-
mated to me by your Letter of the 22nd ultimo No. 31/512) sent a
Surveyor to the North Shore for the purpose of ascertaining the
extent and nature of the improvements stated to have been made by
William Henry on the Land, recently granted to Mr. Robert Ball,
as well as other particulars relative to the Land in question, I have
the honor to subjoin for His Excellency's information the following
report : — •
Upon the Grant of One hundred acres Measured to Mr. Robert
Ball, William Henry has erected a hut. He has also made a narrow
bush Road from Lane Cove, and through his Grant of (40) forty
acres to the road leading to Pennant Hills ; this road is the North
East boundary of his Grant, and from this Robert Ball's grant of
(100) One hundred Acres bears about South West and distant one
mile. Henry has cultivated no part of the one Hundred Acres
measured to Robert Ball, but has cleared a large Portion of it,
and the profits from the Sale of Timber are considered to have
fully compensated him for the Trouble and expense he was put to.
He states that he has Occupied this Land since 1815, but I am not
informed that he resided upon it until he erected a Bark Hut in
the year 1829. I have, &c,
S. A. Perry, Depy. Sur. General.
[Enclosure No. 5.]
Mr. S. A. Perry to Colonial Secretary.
(No. 35/512.)
Sir, Surveyor General's Office, 4th August, 1835.
In returning to you the accompanying Memorial of William
Henry, transmitted by your Letter of the 15th Ultimo No. 35/534,
for my report upon the alleged permission of Governor Macquarie
to Occupy the Land in question, upon the assertion that I have
acknowledged that, had I been aware of his improvements. I should
have made a report different from that continued in my Letter
of the 4th July, 1831, And upon any other Land or orders for
Land which Henry may at any time have received, I have the
honor to report for the information of His Excellency the Governor
that only one order in favor of William Henry. Viz., that for Forty
Acres, dated 30th October, 1813, appears recorded in this office, and
I am not aware of any permission for him to occupy any other Land.
With respect to the assertion that I acknowledged that I would
have made a report different from that contained in my Letter of
the 4th July, 1831, had I been aware of his improvements, I have
to state that I have no recollection of the conversation to which
Henry alludes ; but I have to observe that my report was made
upon the best information that could be obtained. Mr. Harmer
reported, on the 1st July, 1831. " that Henry has cultivated no part
of the One hundred acres measured to Robert Ball, but has cleared
a large portion of it, and the profits from the Sale of the Timber,
I consider, fully compensated him for the trouble and expense he
was put to. He states that he has occupied this Land since 1815,
but I am not aware that he resided upon it, until he erected a Bark
Hut in the year 1829."
GIPPS TO GLENELG. 625
if 1 had been aware thai Henry had retained possession of the 1838<
Land ever since L814 and made very considerable <tn<l expensive isoct.
Improvements thereon in tormina and Planting a Vineyard, I cer- DeJiiaj~ZT
tainly should have so reported, and Should have recommended seAape^ry of
the confirmation of it to him, as 1 did in some other Cases; but my allegations by
Information is "thai Henry cultivated a small Hat of about half W. Henry,
an acre in the Valley, on the West hank of the Stream which is
the Boundary of Ball's one Hundred acres, and not included in
Kail's Grant; upon this Hat he has planted a few Vines ; these
however .ire small, and <>t' little value."
I have. &c,
S. A. Pebey, Depy. Sr. Genl.
Sn; George (imps to Lord Glenelg.
(Despatch No. 168, per ship Dryade.)
My Lord, < Government House, 19th Oct., 133S. i^Oct.
In obedience to the Instructions contained in your Lord- Report re
ship's Despatch of the 19th Feby., 1838, Xo. 76, I have caused e. Foley.
enquiry to be made respecting a Trunk, the property of a person
named Eliza Foley, which came to New South Wales on board
the "Lady McNaghten," Emigrant Ship; and I have the honor
to transmit herewith a Copy of a letter from Mr. Bingham, Com-
missioner of Crown Lands for the District of Cassilis, by which
your Lordship will perceive that the Trunk in question was en-
trusted to his care by Eliza Foley, when she left the " Lady
McNaghten " at Cork, and that it was sold (with its contents) on
his arrival in Sydney, the proceeds of the sale (£7 10s.) being
remitted to Eliza Foley by Dr. Inches.
I have ascertained from the Auditor General of the Colony
that no compensation was made to Eliza Foley, as nothing be-
longing to her was destroyed to prevent infection. If compensa-
tion has been made to her by the Agent of Emigration in Eng-
land, it is not in consequence of her claim to it being acknow-
ledged in the Colony. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. H. Bingham to Colonial Secretary Thomson.
Sir. Head Quarters, Cassillis. 2nd October, 1S38.
I have had the honor of receiving your Letter of the 24th last
Month relative to a Trunk, put on Board the " Lady Macnaughton "
Ship at the Cove of Cork by Eliza Foley, then intending to become
an Emigrant; And in reply beg to state that the said Trunk was
committed by particular request to my care, by the person in ques-
tion, to do the best I could with it on her suddenly quitting the
Ship, when about to weigh Anchor. And. from the long and ardu-
ous quarantine that we had to undergo and the Articles lying so
long without being able to be examined, till that eventful period,
the goods were damaged, and, on being offered for Sale in Sydney.
Ser. I. Vol. XIX— 2 R
626
HISTORICAL RECORDS OF AUSTRALIA.
1338.
19 Oct.
Report re
trunk of
E. Foley.
>0 Oct.
Arrangements
for custody of
colonial stores.
Absence of
necessity for
separate
storekeeper and
department.
the Sum they brought was Seven pounds ten Shillings. I sent an
order by Doctor Inches, R.N., for the payment of the sum, which
1 have heard by recent Letters, the party had declined until they
heard again from the Colony, having received Ten pounds I believe
from the Emigration Agent as compensation. I should say the
Articles were worth fifteen pounds when first put on board.
I have, &c,
Henry Bingham.
Lord Glenelg to Sir George Gipps.
(Despatch No. 220, per ship John Barry; acknowledged by
Sir George Gipps, 12th April. 1839.)
Sir, Downing Street, 20th October, 1838.
Referring to former communications from the Board of
Treasury which accompanied my dispatches of the numbers and
dates specified in the Margin* relative to the appointment of a
Colonial Storekeper in New South Wales, I now transmit to you
for your information a copy of a further communication from
the Secretary to that Board, expressing the expectation of the
Lords Commissioners that, on the receipt of the instructions con-
tained in the letter from the Secretary to the Ordnance to their
officers in New South Wales of the 6th of November, 1837, such
arrangements will have been made for the custody of the Colo-
nial Stores as may preclude the necessity of employing a separate
Colonial Storekeeper and Department for that purpose.
I have, &c,
Glenelg.
[Enclosure.]
Mr. F. Barixg to Under Secretary Stephen.
Sir. Treasury Chambers, 9th October, 1838.
I am commanded by the Lords Commissioners of H.M. Trea-
sury to transmit Copies of a Letter from the Secretary of the
Ordnance, dated 13th August last, and of its enclosures, further
on the subject of the transfer to the Ordnance Officers of certain
Colonial duties at New South Wales, in order that these papers
may be submitted for the further information of Lord Glenelg with
reference to that part of the communication from this Board of
13th August last, which related to the appointment of a Colonial
Storekeeper at New South Wales, and to the previous communica-
tion of 20th October last on the same subject ; and I am directed
to request you will observe to his Lordship that my Lords trust
that, upon the receipt of the Instructions contained in the Letter
from the Secretary of the Ordnance to the Officers in New South
Wales of <; Novr. last, such nrrangements will have been made for
the custody of the Colonial Stores as may preclude the necessity for
the employment of a separate storekeeper and Department for this
purpose. I am, &c,
F. Baring.
* Marginal note. — No. S,
1838.
!1 Octr., 1837 ; No. 47, 15 Dee., 1837 ; No. 195, 28 Augt.
GLENELG TO GIPPS. 627
[Sub-enclosure No. l.J iS38.
20 Oct.
Mk. G. Butler to Mi;. A. \ . Spearman.
Sir. Office of Ordnance, 13 August, 1838.
I have the honor, by command of the Master General and Letter
Board of Ordnance, to acknowledge the receipt of your Letter dated acknowledged,
the sth lust., adverting to the communication made to them by the
Lords Commissioners of 11. M. Treasury on the L8th March, 1835,
relative to the employment of Ordnance Establishments in the Aus-
tralian Colonies, and stating that their Lordships have observed,
from the osti mates of the expenditure of the Colonial Government of
N S. Wales, that the Governor had found it necessary to have
recourse to the employment of a Colonial Storekeeper and Estab-
lishment, in consequence as alleged of difficulty experienced in sup-
plying the Colonial Departments with stores since their custody
had been transferred from the Commissariat to the Ordnance.
The Board command me to transmit to you for their Lordships' Transmission of
information the enclosed copies of correspondence received from the corresponded
Ordnance Officers at Sydney with a Letter, dated 7th April last,
upon the subject, to which, however, the Board have not deemed it
necessary to make a reply, inasmuch as. on the 6th Xovr.. 1837, a
letter i of which a Copy is enclosed) was addressed to the respective
officers, notifying the instructions of the Master General and Hoard
upon your communication of the 19th Oct. preceding. That Letter,
which could not have been received when the respective Governors
wrote theirs of 7th April, will, the Board hope, have conveyed a
proper intimation of the assistance to be rendered by the Ordnance
Storekeeper's Department in the execution of the duties now re-
ferred to. I have. &c.
G. Butlee, for the Secy.
[Sub-enclosure No. 2.]
The respective Officers at Sydney to the Secretary to the Board,
enclosing copies of correspondence between the Colonial
Secretary and the Storekeeper, upon the subject of the
transfer of certain Colonial duties to the latter.
Sir, Office of Ordnance. Sydney. 7th April. 1838.
We feel it our duty to submit, for the information of the Master
General and Double. Board, the Copy of a Correspondence, which
has passed between the Colonial Secretary and the Storekeeper. Transfer of
relative to the transfer of certain Colonial Duties to the latter; but, du*ies t0
as it appears that a communication was made to you on the subject storSeeoer
by the Lords of the Treasury on the 10th Octr.. 1837. we think it
lamecessary at present to make any further observation thereon.
under the impression that the Master General and Board will have
decided the question, and that, if approved, the necessary instruc-
tions for our guidance will most probably arrive by the next Mail.
We have, &c.
Geo. Barxey.
(apt. and Majr.. Royal Engr. Comm'dg.
Richard Rogers, Storekeeper.
Percival Wilkixsox. Depy. Storekeeper.
628
1838.
20 Oct.
Transmission
of instruction:
Letter
acknowledged.
Instructions
not received.
Staff required
for duties
proposed to be
transferred.
HISTORICAL RECORDS OF AUSTRALIA.
[Sub-enclosure No. 3.]
Colonial Secretary Thomson to Mr. R. Rogers.
Colonial Secretary's Office,
Sir. Sydney, 28 March, 1838
I am directed by the Governor to transmit to you the copy
of a Despatch from the Secretary of State, dated 21 Octr.. 1837,
with the enclosures from the Treasury, and to request that you will
report when you will be prepared, in conformity with the instruc-
tions of the Lords Commissrs. of the Treasury, to take over the
entire charge of the Colonial Stores. I have, &c,
J. Deas Thompson.
[Sub-enclosures Nos. 4, 5 and 6.]
[These were copies of lord Glcnclg's despatch, dated 21st October,
1837, icith its enclosures.]
[Sub-enclosure No. 7.]
Mr. R. Rogers to Colonial Secretary Thomson.
Sir. Office of Ordnance, Sydney, 2 April, 1838.
I have the honor to acknowledge the receipt of your letter
of the 28th Tito, (received on the 31st), transmitting by direction
of His Excellency the Governor the copy of a Despatch from the
Secretary of State, dated 21st Octr., 1837, with enclosures from the
Treasury, and requesting " I would report when I should be pre-
pared in conformity with the Instructions from the Lords Com-
missrs. of the Treasury to take over the entire charge of the Colo-
nial Stores."
In reply thereto, I beg you will be pleased to draw the attention
of His Excellency to that part of the Letter, addressed to the Secre-
tary to the Board of Ordnance on the subject by the Treasury on
the 19th Octr.. 1837, which requests " that he would move the
Master General and Board of Ordnance to cause instructions to be
conveyed to the Ordnance Storekeeper in New 8. Wales to afford the
co-operation and assistance required by the Colonial Govt, in this
respect.'" and to inform His Excellency that such instructions have
not yet been received by me.
I beg leave further to state for the information of His Excellency
that the duties, proposed to be transferred to me, now afford em-
ployment to a Storekeeper and four Clerks at this station,
Storekeeper for Survey Department at Parramatta ;
Do. in charge of Lumber yard Do.
together with a Carpenter. Labourers and other persons, the ex-
pense of which it appears amounts to upwards of £1,500 per annum ;
and. as such transfer would cause a very considerable increase of
business to this Department in addition to the Military and Convict
duties, especially directed to be placed in the charge of the Ord-
nance, by the Treasury Minute dated 18 March, 1835, now occupying
the whole of my time and attention, and will require a propor-
tionate increase of Clerks and expenses. I feel it my duty respect-
fully to submit, for the consideration of His Excellency, the neces-
sity of awaiting the receipt of Instructions from the Board of Ord-
nance, before I undertake the responsibility of conducting Duties
of such magnitude as those contemplated.
I have, &c,
Richard Rogers, Storekeeper.
GIPPS TO GLENELG. 629
Lord Glenelg to Sie George Gipps. is38.
22 Oct.
(Despatch No. 222, per ship Planter.)
Sir, Downing Street, 22nd October, L838.
The Commissioners for auditing the public account- have surgeons on
represented it as necessary that the Surgeons Superintendent of t<Tsubmitships
Emigrant Ships should bring home with them certified copies of certified
-v-r o , ,,t , , .. . . , accounts.
the Accounts they pass in New South Wales, exhibiting the
whole settlement made with them; I have therefore to request
that you will direct the proper Departments in the Colony under
your Government to furnish the Surgeons with such certified
accounts accordingly. I have, &c.,
Glenelg.
Lord Glenelg to Sir George Gipps,
(A circular despatch per ship Planter.)
Sir, Downing Street, 22nd October, 1838.
The Court of Directors of the Bank of Australasia have Appointment
requested me to inform you that they have appointed Mr. George forbKTkoT
Griffiths to be the Inspector of all their Establishments in the Australasia.
Australian Colonics in the room of Mr. George Khmear, who
has resigned. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 170. per ship Dryade; acknowledged by
marquess of Normanby, 21st May. 1839.)
My Lord, Government House, 22nd October, 1838.
I have had the honor to receive your Lordship's Despatch Despatch
of the 14th March last, Xo. 90, on the subject of a reserve of acknowledged.
10,000 acres of land directed by Lord Bathurst in 1826 to be made
for Sir Thos. Macdougall Brisbane, in addition to a Primary
Grant of the same amount; and requiring me to adopt, with the
advice of the Executive Council of the Colony, such measures
as may meet the justice of the ease, without losing sight of the
conditions on which the original or primary Grant was made.
I have now the honor to report to your Lordship that the Orders received
original order from Lord Bathurst was, first for an immediate T^iLBrisban^
grant of 10,000 acres of land subject to the condition of sending
out resident Agents to take care of it, and of employing on it
a certain amount of Capital according to the existing Regula-
tions of April, 1826; and secondly, for a reserve or contingent
grant of a like quantity of 10,000 acres, whenever the first grant
630
HISTORICAL RECORDS OF AUSTRALIA.
- 3.
22 Oct.
Selection of
land by agent.
Opinion of
R. Darling
re claim.
should be brought into " full and successful cultivation." Lord
Bathurst's order was duly received in the Colony in the early part
of 1827. and from the date of its arrival Sir T. Brisbane's Agents
had full authority to select the land whenever they chose. No
selection however was made until the 3rd April, 1833, nearly
seven years after the original order was obtained from Lord
Bathurst. In 1831, General Darling indeed appears, by the
Minute of which I enclose a Copy, to have considered that the
claim was forfeited for nonselection ; nevertheless he renewed the
permission to select, and that permission was again renewed by
Sir Richard Bourke, but it was not until the 3rd April, 1833
(as above stated) that the selection was actually made. In 1833,
the selection being at length made, possession of 10,000 acres
was given to Sir Thos. Brisbane's agents; but, instead of com-
plying with the conditions, on which they were granted, the same
agent sold the same 10,000 acres on the 15th July, 1836, to Mr.
W. C. Wentworth, in whose name the grant from the Crown
has been issued. Your Lordship is aware that, under the Land
Opinion adverse Regulations of April, 1826, the proof of possession for seven
additional years was indispensably required to entitle a person to an Addi-
tional Grant. This condition was not even fulfilled by Sir Thos.
Brisbane, and far less was the obligation fulfilled of bringing
the land into full and successful cultivation, it being, if I am
rightly informed, up to this hour in a state of nature.
I therefore, My Lord, cannot come to any other conclusion than
that the claim to the reserve or additional Grant is altogether in-
admissible. I am sorry, My Lord, to be obliged to report thus
unfavorably on a claim put forward by one of my Predecessors
in this Government, but justice to the People of the Colony, as
well as to your Lordship and myself, compel me so to do.
I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this minute is not available.]
Sale of land
to W. C.
Wentworth.
grant.
Sir George Gipps to Lord Glenelg.
(Despatch No. 173, per ship Dryade.)
25 Oct. My Lord, Government House, 25th October, 1838.
Requisition I have the honor to forward herewith, a Demand for Arms,
equipmenTfor Clothing and Accoutrements for the Mounted Police of this
mounted police. Colony for the year commencing the 1st April, 1839; and I have
to request that these Articles may be supplied by the Board of
GLENELG TO GIPP& 631
Ordnance. The cost of them must be repaid by the Local Gov- 1838.
eminent in the usual manner, as the expence of maintaining the
Mounted Police has been transferred from the Crown to the
Colony. 1 have, &C,
Geo. Gipps
[Enclosure.]
| This requisition has been omitted.]
Lord Glenelg to Sib George Gipps.
(Despatch Xo. 22.*). per Ship Planter.)
Sir, Downing Street, 26th October, 1S38. 26 Oct.
I have received Sir Richard Bourke'8 dispatch, Xo. 06 of Despatch
the 24th of July, 1837, transmitting a Resolution* of the Legis- *ckl,owledsed-
lative Council of your Government on the Prisoners' Counsel
Bill.
1 should he glad to have been able to communicate to you at Delay in reply,
an earlier period my views mi this important question, hut some
delay has been occasioned by a reference of the subject to the
Secretary of State for the Home Department.
I have no doubt of the discretion exercised by your Predecessor
in declining to urge this question to a division, and in postponing
it until the establishment of the proposed Circuit Courts.
The interposition of Advocates for the defence of persons Reason* for
charged with crimes has been sanctioned in this Country on JJ^SSfbilL
principles, which, if well founded, would seem to involve the
consequence that all distinctions, which would exclude any
accused person or class of persons from this advantage, are in- c
defensible and that it ought to be exercised alike at summary
prosecutions and on regular trials.
I cannot, however, hesitate to admit that the local Legislature Approval of
are far more competent than any remote authority to form a ?pi^i°t-°f
sound judgment on the question stated by Sir R. Bourke. If council,
they shall think it right to connect the system of admitting
Prisoners to be heard by Counsel with considerable exceptions,
it will be proper, in deference to their judgment, to acquiesce in
the trial of the experiment in that limited form.
Without debating or designing to controvert the abstract
justice of admitting every accused party in every Court to the
privilege of defending himself by an Advocate, it must be
admitted that, if from peculiar circumstances (and none can
be more so than those in New South Wales) the peace of Society
demands a promptitude of decision incompatible with the exer-
cise of this right, that motive ought to prevail.
* Note 6.
632
HISTORICAL RECORDS OF AUSTRALIA.
1838.
26 Oct.
The question is unavoidably so much mixed up with local
details that I am persuaded I shall best consult the public in-
terest by leaving the local Authorities entirely unfettered as to
the course which they ought to pursue. j have &c
Glenelg.
Lord Glexelg to Sir George Gipps.
( Despatch No. 224, per ship Planter.)
Sir, Downing Street, 26th October, 1838.
I have received your dispatches Nos. 77 and 91 of the
16th of May and 21st of June last respecting Mr. Nind.
I have to request that you will acquaint that Gentleman that,
from f. s° Nind. on enquiry into the circumstances of his case, I find no cause to
Despatches
acknowledged.
Refusal of
justify my further interference.
I have, &c,
Glenelg.
Despatch
acknowledged.
Decision
withheld
re rules of
supreme court.
Judges to
submit report.
Lord Glenelg to Sir George Gipps.
(Despatch No. 225, per ship Planter.)
Sir, Downing Street, 26th October, 1838.
I have received and laid before the Queen your dispatcl
No. 88 of the 20th of June, transmitting for Her Majesty's allow
ance certain Rules and Regulations made by the Judges of th(
Supreme Court of New South Wales.
These Rules of Court will continue in force so long as they ar<
not disallowed by Her Majesty, and their usefulness will be bes'
ascertained by experience. Her Majesty, therefore, will abstair
for the present from making any Order on the subject.
After the lapse of twelve months from the time when the Rul
came into operation, you will request the Judges to report foi
Her Majesty's information how far they have been found con
ducive to method, economy, and expedition in the dispatch o:
Judicial business. t have, &c,
Glenelg.
Transmission
of letter from
C. Marshall.
Sir George Gipps to Lord Glenelg.
(Despatch No. 174. per ship Dryade: acknowledged by
marquess of Normanby, 17th May. 1839.)
My Lord, Government House, 26th October, 1838.
The enclosed letter addressed to Sir George Grey having
been sent to me. by a Mr. Charles Marshall, I do myself the honoi
of forwarding it to your Lordship.
GIPPS TO GLENELG. 633
Of Mr. Chas. Marshall I have no personal knowledge, but he 1838
is favorably spoken of by gentlemen in whose judgment I ean
place reliance IIi> object is to obtain employment in New
Zealand. I have, &c,
Geo. Gipps.
[Enclosure.]
| .1 copy of this letter is not available.]
26 Oct.
Sir George Gipps to Loud Glenelg.
(Despatch No. L75, per ship Dryade; acknowledged by
marquess of Normanby, 18th May. 1839.)
My Lord. Government House, 27th October, 1838. 27 Oct.
I have the honor herewith to forward to your Lordship a Transmission
Duplicate of a letter from Mr. Walter Rotton, appealing to your vrRott0n°m
Lordship against my decision in a case, in which he claimed
compensation, and of which the following are the circumstances.
In 1829, a Private soldier of the Staff Corps named Stephen Report re
Robinson, obtained a Grant of 50 acres of land on the Hunter ^Rotton for
River on the conditions on which it was then usual to grant land compensation,
to discharged soldiers, one of which was that he should reside
on it for seven years. In 1831, it was found that, instead of
fulfilling the condition of residence, Robinson had quitted the
land, and that Mr. Walter Rotton was in possession of it; the
order for the land was therefore cancelled on the 31st July in
that year; an Action of Intrusion was brought against Rotton,
who was thereupon legally and formally ejected and the land
was sold to another person.
Mr. Rotton founds his claim for compensation upon two
grounds : the first is that the original letter of possession obliged
Robinson to reside on the land six months only, and not seven
years; but this letter (of which Mr." Rotton gives a Copy) will
itself shew that the period of six months had reference only to
the Title to a Grant, and not to the terms of the Grant, which
were to be the usual ones. The promise made to Robinson was
that, if at the end of six months he were in actual occupation of
the land, he was to be entitled (but not otherwise) to his Grant,
which Grant was of course to be the usual one, binding Settlers
of that description to a residence of seven years. If Mr. Rotton
felt that he had really anything to urge upon this point, we may
conclude that he would have done so before the Supreme Court,
instead of suffering, as he says he did, the Action of Intrusion
to go against him undefended.
The second point on which Mr. Rotton relies is that, after
Robinson was dispossessed of the land, it was given to one
634
HISTORICAL RECORDS OP AUSTRALIA.
1S3S.
27 Oct.
Report re
claims of
W. Rotton for
compensation.
Claim by
W. Rotton for
compensation
for ejectment
from land
grant.
Grimston, but that, when Grimston reported that Rotton was in
possession, another piece of land was allotted to him elsewhere.
Nothing can be plainer than that this was done in order that
Grimston might not have to wait the issue of the Action of In-
trusion, and that it did not carry with it in the smallest degree
a recognition of Rotton's title.
Mr. Rotton has brought his claim repeatedly before the Local
Government, and has always been refused. The answer, which
I caused to be conveyed to him, was that, as he had been formally
and legally put out of possession, I could not reopen the case or
entertain any claim for compensation. It is quite true that very
recently all the restrictions, imposed upon settlers of the class
to which Robinson belonged, have been removed ; but this removal
has not operated to revive claims, which were cancelled in form
and disposed of long ago. In the cases cited by Mr. Rotton, the
land originally granted had never been resumed; in no case
where the grant was cancelled has any claim for compensation
been entertained. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. W. Rotton to Lord Glenelg.
My Lord,
The following statement is addressed to your Lordship with
a conviction that your Lordship will see the justice of my prayer
to be remunerated for my loss, when all the circumstances of the
case, divested of its legal points and with reference only to its
equitable character, shall have been laid before you ; at the same
time that I am sorry I should be obliged to trespass on your Lord-
ship's time for the consideration of a claim I considered might have
been arranged in the Colony.
In 1829, a number of the New South Wales Royal Veteran Com-
pany received from this Government Grants of Land, conditioned
that they should become Settlers in the Colony, together with other
assistance in the way of Buildings and rations to enable them to
commence their operations. A few of the Royal Staff Corps also
received their discharges and. in lieu of their passage home, small
grants were given them without any other assistance than a Six
Months' ration. Amongst these was a man named Stephen Robin-
son, who received a grant in the parish of Maitland, Hunter's
River, New South Wales, of Forty Acres, of which he took pos-
session as authorised by the Colonial Secretary's letter of which
the following is a Copy : —
"(No. 29/1,072.)
" Colonial Secretary's Office, Sydney, 30th June, 1829.
" His Excellency the Governor having been pleased to command
that you shall receive a grant of Land near Hunter's River, I am
directed to inform yon that, on your presenting this letter to
Captn. Aubin at Wallis' Plains, that Gentleman will point out to
you a piece of land accordingly, of which you will be allowed to re-
tain possession under the existing regulations imtill a regular deed
of grant can be prepared in your favor. But you will understand
(J I PI'S TO GLENRLG. 635
that this order is to be null and void, if it shall be found at the 1838.
end of Six Months from this date that you are not actually residing 27 Oct.
upon the land herein alluded to. "Alex. McLeay. ciaimby
"Private Stephen Robinson, late of the Royal Staff Corps.-' w.Rottonfor
On presenting this letter, he was put in possession of allotment f°^ectment
No. L'T. a piece of Land of which 25 Acres were under water and fromland
the greater part of the remainder a thick brush, without a house to grant,
cover himself, a wife, child and servant.
Towards the end of 1829, he applied to me for assistance to
enable him to support his family untill he could obtain a crop,
on which 1 supplied him witli ration and clothing; and he placed
in my hands the original of the above letter as a security for the
accommodation, and. as he had nearly fulfilled the only condition .
annexed to it. I could not hut consider it as such. In consequence
of a hood in May. L830, the whole of his first crop was destroyed,
and he continued to depend on me for the support of his family;
hut the following Season his wheat crop failed, and. after re-
maining on it until Feb., 1831, being completely destitute and
unwilling to increase his obligation, he tendered me his land as the
only means of liquidating the debt, and I became the purchaser.
Previous to this, bearing date the 29tb Sept.. 1830, fifteen months
after his first taking possession, he received a letter authorising the
possession, hut imposing a Dumber of conditions, amongst which
was one requiring a residence of 7 years, which was considered
by many similarly situated as a virtual imprisonment: and. as the
grant had been made in lieu of a passage, had they been aware
of such a condition, they would not have accepted them, hut would
have returned home.
Relying on the tenor of the original letter and knowing that many
similar grants had changed hands. I commenced fencing, clearing
and draining, when, at the latter end of July, 1831, I received a
letter from Robinson, which had heen addressed to him by the Hon-
orable the Colonial Secretary as follows: —
" Colonial Secretary's Office. 6 July. 1831.
" It appearing that you have ceased to reside on the allotment of
land given you at Maitland, the order for the same has heen
Cancelled.
" P>y Command of His Excellency the
" Governor for the Coll. Secretary.
" T. C. Harixgton.
" Stephen Robinson, late of the Royal Staff Corps."
A few months after a man named Grimstone produced a letter
from the Honorable the Colonial Secretary, authorising him to take
possession of the same allotment, which when demanded from me
I refused to give up. He returned to Sydney and was advised to
choose another grant which he did and instantly sold it. At this
time. I addressed his Excellency the Governor in a Memorial Stating
the Circumstances, and received for answer that " he could not
interfere in it." On this, I completed draining and fencing and
placed the whole under a crop, remaining in quiet possession up-
wards of 2 years longer, when, in Febry., 1S34, I was summoned by
the Attorney General to quit possession on a plea of Intrusion. To
this Summons, I was advised to Succumb rather than undertake
a suit with the Government ; but I again addressed His Excellency
the Governor and offered to pay a fine, as referred to by an extract
636
HISTORICAL RECORDS OF AUSTRALIA.
1338.
27 Oct.
Claim by
W. Rotton for
compensation
for ejectment
from land
grant.
from a Dispatch from the Right Honorable Lord Goderich, then
Secretary of State for the Colonies, addressed to His Excellency
Governor Darling, a copy of which was published in the Sydney
Gazette in the month of April, 1832, and in which it is Suggested
by that noble Lord that " a moderate fine should be levied on Lands
once alienated from the Crown to prevent the appearance of in-
vidious prosecution to reobtain possession of grants, the conditions
of which had been so irregularly performed " ; but I received for
answer " that it would be contrary to the regulations of His Ma-
jesty's Government." I was ejected from the land, and it was
subsequently sold by the Government at a price which did not
cover one half of the expence of the improvements.
At that time. 1 considered it useless to make further remon-
strances, but determined to allow it to remain untill the time had
expired when the deeds would be claimed for grants made at the
same period ; but, having learnt that the Government here had
decided that the conditions under which such grants had been
restricted should be rescinded, I considered myself justly entitled
to a compensation for my loss and according addressed His Excel-
lency Sir George Gipps stating the Circumstances and praying him
to remark. That the original grantee fulfilled the only Condition
annexed to the original letter of possession, namely " that the same
should be null and void, if at the end of six months from the date
of the letter he was not actually residing upon the land therein
alluded to, as he resided on it from the beginning of July, 1829, to
the end of Feby., 1831, 20 Months." That, altho. the land was
subsequently granted to Grimstone, on my refusing to give up
possession, a new grant was given him and that His Excellency
" refused to interfere in it " ; and that I was afterwards allowed to
remain undisturbed untill Feby., 1834, a period of 3 years, before
any attempt was made to eject me ; to which his Excellency was
pleased to reply " that, as I had been legally and formally put out
of possession of the land in question, His Excellency considers the
matter to have ended and cannot therefore reopen the case to
entertain any claim for compensation."
Having explained the reason that induced me co withhold the
case untill the present time, while I acknowledge that I am per-
haps not legally entitled. Yet I respectfully submit that I have a
strong equitable claim, when the number of grants under similar
conditions, and which yet remain in the hands of the purchasers,
are considered ; and I trust I shall be excused when I take the
liberty of pointing out a few in my own immediate neighbourhood ;
first a grant to a Veteran named Burr, since deceased, who sold to
Solicitor Rodd, who sold to Major Mitchell, Surveyor General, and
which was passed thro, the court of Claims in which the Major was
a Commissioner and passed the Great Seal ; add to this Turby to
Jones; Daley to J. T. Hughes; Baulcot to Nicholas; Cornish to
Sparkes: Deville to Pawsey ; all in this neighbourhood, and either
of the N.S.W. R.V. Co. or of the Staff Corps, and one in particular
of Nixon to Hartley, the circumstances of which were brought
before the Supreme Court here in consequence of Hartley's Bill,
a part of the consideration money, being refused payment on account
of the conditions referred to, and in which Nixon the plaintiff
and original grantee recovered, their Honors holding that the
consideration was good, the land was sold by the Sheriff and the
title remains unquestioned.
GIPPS TO GLENELG. 637
About the same time, a number of small grants were made under 1838.
the same conditions as the Veterans; and of these grants I can 270ci.
safely say that one half were sold, the origina] grantees not having oiaimby
even soon these lands. Whilst of grants made from the year 1822, w. Rottonfor
l can prove that not one Grantee In Ave fulfilled the conditions compensation
annexed to the grants made them. for ejectment
I cannot but consider it a hardship that 1 should be the only grant.4"'
party deprived of a small spot of land, on which I had expended up-
wards of £250, and which is at the present moment without any
further improvements valued at upwards of £'/00 : and I trust that,
in Submitting this my case thro. Your Lordship to the considera-
tion of Her Majesty's Government, I may bo allowed to hope that
some compensation, in land, may be made for my loss.
1 have. &C,
Walteb Uotton.
Maitland, Hunter's River, New South Wales. L'oth Sept.. 1838.
Sn; George Gipps to Lord Glenelg.
(Despatch No. 176, per ship Dryade; acknowledged by
marquess of Normanby, Kith May. 1839.)
My Lord, Government House. 29th October, 1838. 29 Oct.
I have the honor to transmit herewith a Petition from Transmission of
Mr. Geo. Wyndham, a settler on Hunter's River, praying for an gwyndS.
additional Grant of land under the Regulations of 1826 and 1827.
Mr. Wyndham' s case is simply this: he arrived in the Colony Report re
under the Regulations of 1827, and obtained a Primary grant G^wvmfham
of 2,560 acres, but, either at the same time or soon afterwards,
he purchased 2,000 acres of land at a distance of about 80 miles
from his Grant. He has resided and expended Capital on his
purchased land, but has neither resided nor expended money on
his Grant, using it only as a Sheepwalk.
The Regulations, under which Additional Grants are allowed,
require that a certain amount of Capital shall have been expended
on the Primary Grant, and, as I am directed by your Lordship's
Despatch of the 31st July, 1836, No. 180, to ascertain in every
case that the Regulations have been strictly fulfilled, I have not
felt myself at liberty to give a Secondary Grant to Mr. Wyndham.
I have, &c,
Geo. Gipps.
[Enclosure. I
The humble Petition of George Wyndham of Dalwood, Hunter's Petition of
River, N. S. Wales, G wyndham
' soliciting
To the Right Honorable Lord Glenelg, Her Majesty's Principal secondary
Secretary of State for the Colonies. land £rant-
Sheweth,
That your petitioner emigrated to this Colony in August,
1827, and received a Grant of 2,560 acres of land ; that your peti-
tioner being obliged to select his land far in the interior purchased
638
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
29 Oct.
Petition of
G. Wyndham
soliciting
secondary
land grant.
this farm Dalwood, where lie has cultivated largely, and made per-
manent improvements to the amount of £G,000 and upwards.
That, by the Regulations of 27 June, 1827, your petitioner was
promised an additional Grant on condition of his making improve-
ments to the amount of £2,133 Os. 8d. on his primary Grant ; but,
upon making application for the additional grant, the objection
was taken that the said improvements were not on his grant, but
upon purchased land.
That your petitioner, considering this objection to be merely
verbal that he has fully complied with the spirit and intentions of
the Regulations, having always resided on his farm with his family
(of now seven children), humbly prays that your Lordship will take
his case into your favorable consideration and give directions to
the Colonial Government to waive the verbal objection under which
the additional Grant is withheld.
And your petition will ever pray. [Unsigned.]
Dalwood. Hunter's River, 26 October, 1838.
30 Oct.
Despatch
acknowledged.
Refusal of
land grant for
F. Beddek.
Despatch
acknowleds
Refusal of
land grain
for J. Reid.
;ed.
Lord Glenelg to Sir George Gipps.
(Despatch No. 226, per ship John Barry.)
Sir, Downing Street, 30th October, 1838.
I have received your dispatch No. 74 of the 9th of May
last, transmitting a Memorial from Mr. F. Beddek, praying for
a grant of land on the grounds which he has stated for con-
sideration.
I have to request that you will inform the Memorialist that I
regret my inability to accede to his application.
I have, &c,
Glenelg.
Sir,
Lord Glenelg to Sir George Gipps.
(Despatch No. 227. per ship John Barry.)
Downing Street, 30th October, 1838.
I have received your dispatch, No. 75 of the 1st of May
last, transmitting a memorial from Mr. James Reid, formerly a
Lieutenant in the army, praying for an additional Grant of Land
on the grounds which he has stated for consideration.
I have to request that you will inform him that I am unable
to accede to his request. I have, &c,
Glenelg.
31 Oct.
Sir George Gipps to Lord Glenelg.
(Despatch No. 177, per ship Dryade ; acknowledged by
marquess of Normanby, 28th May, 1839.)
My Lord, Government House, 31st October, 1838.
In my Despatch on the subject of Emigration, dated the
3rd October instant, No. 155, I had the honor to inform your
GIPPS TO GLENELG. 639
Lordship that I expected shortly to receive the Report of a Com- 1838.
mittee of the Legislative Council which had been appointed to ' _'
consider the subject. This Report having been made on the Report from
, . ' , , , ~ committee on
L2th instt., 1 nave now the honor to enclose a Copy ot it to your immigration.
Lordship.
The observations, which 1 feel it my duty to make on the
Report and on the subject generally of Emigration, may be
divided into three heads:
1st. The extent to which Immigration is required;
I'ndly. The best way of conducting it;
Srdly. The funds from which the expense of it is to be de-
frayed.
1st. Upon the extent to which [mmigrants are required. Extent of
•. i ,. i immigration
1 have no reason to suppose that the wants 01 the Country are required.
exaggerated in the Report, or that, in ordinary seasons, employ-
ment might not be t'<»und for Emigrants arriving as fast as they
have come into the Colony during the last six months; at the
present moment it is true that we have more than we can dispose
of, but the Country lias long been suffering under a most oppres-
sive drought, and communication throughout it is rendered so
difficult (horses and cattle dying everywhere on the road) that
few persons can come to Sydney to engage servants, nor can the
Emigrants themselves find means of proceeding to the interior.
The demand therefore for labor, during the last three or four
months, is not to be taken as a fair measure of the wants of the
Colony.
2ndly. As to the best means of conducting Emigration. Best system for
The opinion throughout the Colony is decidedly (and I am immigration.
bound to acknowledge not altogether without reason) in favor
of the Bounty system on account of its superior cheapness, and
of fewer children being introduced in proportion to Adults under
it than by Government Immigration. It may however be doubted
whether, if the Government Immigration were to be given up, a
sufficient supply for the wants of the Country could be procured
without raising the Bounties. The Committee in the 2nd and
3rd pages of their Report recommended that persons, who may
be disposed to fit out vessels on the Bounty System, should be
enabled to obtain in England an authority so to do without wait-
ing for the permission of this Government; and, in this recom-
mendation I am disposed to concur, provided only that a limited
time be specified within which the Emigrants should be embarked.
The principal reasons, which I am able to assign for Government
Emigration being dearer than that conducted on the Bounty
system, are that the Government vessels take neither freight nor
640
HISTORICAL EECOEDS OF AUSTRALIA.
1838.
31 Oct.
Best system for
encouraging
immigration.
Funds for
purposes of
immigration.
Appropriation
of territorial
revenue.
Cabin Passengers, and that the allowances made to Naval Sur-
geons are higher than those usually paid in other ships to Sur-
geons who themselves are Emigrants. Cases too do occur, in
which Emigrants by private ships pay a portion of the expense
of their passage, themselves; but I have no reason to believe
that this is universally or even generally the case. I am not pre-
pared to recommend that Government vessels should take freight,
or merchandize not the property of Government ; but, when stores,
which are to be sent from England for the use of the Colony, can
be put conveniently on board them, I think it should be done;
also that persons, whose passages are to be defrayed out of Colo-
nial funds, should be ordered to embark in them ; but, even if this
were done, I still should not expect to see Government Emigra-
tion conducted so economically, as that by private enterprise; nor,
by a reference to Sir Richard Bourke's Despatch of the 14th Octt.,
1835, No. 102, do I find that he ever expected it would be. Its
adoption was recommended by him, because he thought the
Immigration conducted by private enterprise would be insufficient
for the wants of the Colony; and it is upon the same grounds
that I would now recommend a continuance of it at any rate 'till
the end of the year 1839.
It might reasonably perhaps have been expected that the sick-
ness and mortality on board Government ships would have been
less than on board private ships, and the risk also of expence in
the performance of Quarantine after arrival in New South
Wales ; but I regret to say there has been no marked difference in
this respect and certainly none in favor of Government vessels.
3rdly. As to the funds out of which the expences of Immigra-
cion are to be defrayed.
It is very generally asserted in the Colony, and as generally
perhaps believed in England, that the whole produce of the Terri-
torial Revenue of the Country is to be spent exclusively on Immi-
gration; but I cannot find that any positive orders have been
given to this effect, nor do I think it desirable that they should.
There are at least two charges, which I would submit should take
precedence of it: the first is, the charge for collecting the
revenue; the second is that which we annually incur for the
protection, civilization and improvement of the Aborigines, the
first possessors of the soil from which the wealth of the Colony
has been derived. Up also to the close of the year 1836, the whole
unexpended balance of the land fund has been transferred to
the general fund of the Colony, under the authority of the Trea-
sury letter of the 23rd Septt., 1834 (transmitted to my Prede-
cessor with Mr. Spring Rice's Despatch of the 15th Novr., 1834),
f
GUPPS TO GLENELG. 641
in which it was stated that, in .mln- to enable the Colony to take isss.
upon itself the maintenance of the Police and Gaols, "the Lords ' _'
of the Treasury were prepared to acquiesce in the Local Trea- Appropriation
i • i- i ±' i t j ot territorial
surv s continuing in the Peceipi <»t any surplus ot the Land revenue.
Revenue, beyond the sums appropriated to the assistance of Emi-
grants, and of the other casual Revenues of the Crown." This
arrangement respecting the surplus of the Land fund was not
altered by your Lordship's Despatch of the 18th Septt., 1836, for,
though Emigration was therein declared to be the primary charge
on the Land fund, it was expressly stated, in the Treasury letter
of the 2nd Septt., 1836, transmitted with that Despatch, that the
Lords of the Treasury " were not aware of any engagemenl or
understanding that the whole proceeds of the sale of Crown Lands
in the Australian Colonies should be devoted to the furtherance of
Emigration." By your Lordship's despatch however of the 23rd
.March, 1837, it was directed that thenceforth the surplus of the
funds (i/>i>lical>lr to Emigration in any one year should be carried
forward in aid of the Emigration of the next, thus leaving (if
rigidly interpreted) nothing transferable to the General Revenue,
nor even anything to bear the expence of collecting the Revenue
itself, or of the expences incurred on account of the Aborigines. I
am certainly in some doubt whether this was your Lordship's in-
tention, and perhaps 1 am wrong in supposing that it will bear such
a construction; it is moreover not perhaps sufficiently understood
what funds are applicable to Emigration, whether the whole of
the Territorial Revenue of the Colony, or only the funds derived
from the sale of wild lands, leaving the Revenue derived from
Quit rents, Leases, Depasturing Licences and the sale of improved
lands to other purposes. The original intention of Lord Ripon,
expressed in Lord Howick's letter to the Secretary of the Trea-
sury of the 16th Feby., 1831, extended only, I think, to the
money derived from the sale of wild lands, or of those lands
which it had theretofore been the custom to grant gratuitously;
and the same distinction is I think to be observed in many other
though perhaps not in all official documents on the subject. I
hope I may be excused for further remarking to your Lordship
that, though a Committee of the Legislative Council of this
Colony in 1835 (as noticed in your Lordship's Despatch of the
16th Septt., 1836) recommended that the proceeds of the funds
arising from the sale of land should be appropriated exclusively
to the purposes of Immigration, it may be surmised that one
object, which the Council had in view in making this recom-
mendation, was to induce the Home Government to take back
upon itself the charge for maintaining the Police Establishments
and Gaols, which charge was in that year first thrown on the
Ser. I. Vol. XIX— 2 S
642
HISTORICAL RECORDS OF AUSTRALIA,
31 Oct.
Necessity for
instructions re
immigration.
Proposal to
raise loan for
purposes of
immigration.
Continuance of
immigration.
Colony, and made partly payable out of the Land fund, a measure
against which every unofficial and two official Members entered
Protests on the proceedings of the Council.
As the subject of Emigration and the appropriation to it of the
proper funds is one of intense interest in the Colony, I shall be
happy to receive from your Lordship explicit instructions in
respect to it.
Your Lordship will perceive that the question has been raised
of providing funds for carrying on Emigration on a large scale
by means of a loan, and that the Committee is not disposed to
view the proposal with disfavor. I must confess it would be with
regret that I should see anything like a perpetual debt entailed
on the Colony; and, although the Committee has proposed to
redeem the amount of it in a certain number of years, experience
has I think taught us not to put much faith in calculations of
that sort or in the contrivances of sinking funds. I cannot also
but apprehend that it would be extremely difficult to administer
the Government of this Colony with proper economy in the midst
of the factitious wealth, which would be produced by a Loan;
already the reputation of having a well-filled Treasury has caused
demands upon the Government, which it is extremely difficult
to withstand, but which, if not checked, will lead us to
Bankrupcty.
All I can myself undertake at present to recommend is that
Immigration should be kept up for another year or two at its
present rate; and that, if our funds prove insufficient to meet it,
we should rather have recourse to a loan than put a stop to it.
I am disposed however to think that we should, even in that case,
measure the sum to be borrowed by the demand for Immigration,
rather than fix the amount of the Loan (which it has been pro-
posed to do at Two Millions) and regulate our importation of
Immigrants in such a manner as to spend the amount of it in a
given number of years. I have, &c,
Geo. Gipps.
[Enclosure.]
[A copy of this report will be found in the " Votes and Pro-
ceedings " of the legislative council.~\
2 Nov.
Apprehension
re French
settlement in
New Zealand.
Sir George Gipps to Lord Glenelg.
( Despatch No. 178, per ship Dryade. )
My Lord, Government House, 2nd November, 1838.
Herewith I have the honor to transmit to your Lordship a
copy of a letter from Mr. Busby, dated the 24th Septt. last, in
which he expresses an apprehension that the formation of a
Settlement in New Zealand is meditated by the French.
GIPPS TO GLENELG. 643
1 must confess that Mr. Busby does not appear to me to have 183S.
any very distinct grounds for the apprehension he entertains,
but 1 nevertheless think it right to bring his letter before your
Lordship. I have, &c,
"Geo. Gipps.
[Enclosure. I
[A copy of this letter will be found in a volume in series III.]
2 Nov.
financial
difficulties.
Sir George Gipps to Lord Glenelg.
(Despatch marked "Separate and Confidential," per ship Dryade.)
My Lord, Parramatta, -Wd Novr., 1838. SNov.
When I had the honor to receive my present appointment
from your Lordship, the finances of New South Wales were con-
sidered to be in so flourishing a condition that your Lordship Expected
will very probably be surprised to learn that the greatest difficul-
ties, which I anticipate in carrying on my Government, are
those of a financial nature. Various Despatches however, which
I have recently written, will have informed your Lordship how
greatly I found on my arrival the expences of Government to income
exceed the Income of the Colony, and that, although we have yet expenditure
a considerable fund in hand, the savings of former years, the
time is rapidly approaching when it will be exhausted. Also in
my Despatch on Emigration (^NTo. 177), I have touched on some
of the difficulties which are likely to arise in the appropriation
of the Land Revenue to the purposes to which it is destined. It
is on this latter subject of the Appropriation of the Land Revenue
that I now propose to address myself unreservedly to your
Lordship.
It is asserted in the Colony that the right to appropriate this Claim by
Revenue was conceded to the Governor and Council by a Des- appropriation
patch from Mr. Spring Rice of the 15th Novr., 1834, and by of land revenue.
the Treasury letter of the 24th Septt. in the same year, which
accompanied it; also that this right was recognised by Sir
Richard Bourke in the following passages which are extracted
from a communication made by him to the Council on the
24th June, 1835.
" Another charge (said Sir Richard) appears on this Estimate,
that for Immigration, the revenue of the Crown Lands, from
which it is to be defrayed, being now left to the Appropriation
of the Council."
And again, in another part of the same communication, " The
Income of the Crown Lands now placed by His Majesty under
the control of the Council."
644
HISTORICAL RECORDS OF AUSTRALIA
1838.
3 Nov.
Maintenance
of rights of
crown.
Transfer of
expenditure on
aborigines to
land revenue.
Expenditure on
Port Phillip
from land
revenue.
Notwithstanding however the strength of these expressions, I
must say that I very much doubt whether, by the Treasury
letter of the 24th Septt., 1834, it was intended to give up un-
reservedly and for ever the right to select the objects on which
the Crown Revenue should be expended; and I therefore, when-
ever occasion required, maintained during the late Session of the
Council that the Crown has still the power to do so, feeling that,
if wrong in this opinion, I could easily set myself right with the
Council, but that, if I committed an error the other way, I might
involve myself in difficulties from which there would be no
escape. I wish your Lordship distinctly to understand that it is
on account of the Aborigines, and the Protectors recently ap-
pointed by your Lordship, that I feel most anxious that the
Crown Revenue should not have been entirely given up. Your
Lordship will perceive by the Estimates for 1839, transmitted
with my Despatch No. 160, that, acting on the recommendation
of the Parliamentary Committee of 1837, I transferred to the
Crown Revenue the charge for the Aborigines which had thereto-
fore been borne on the general Estimates of the Colony; though
in so doing I expressly stated to the Council (in my official
Minute) that I acted only on the recommendation of the Com-
mittee and not in obedience to any express orders from your
Lordship; there will be no difficulty therefore in restoring the
charge to its former place, should your Lordship desire it. I have
not overlooked the passage in your Lordship's Despatch of the
8th January, 1838, in which, speaking of the salaries of the
Protectors, your Lordship says, " in fixing this expenditure, Her
Majesty's Government have anticipated the concurrence of the
Legislative Council of your Government in voting the necessary
sum for this charge," but I feel bound to state to your Lordship
that I have great reason to doubt whether the Council will vote
the necessary sum; fortunately, as the Protectors are all nomi-
nated for Port Phillip, the whole expenses of which are as yet
paid out of the Crown Revenue, it was not necessary in the late
Session to bring the question before them. I may here be per-
mitted, I hope, to observe that the simple fact of the expence of
the Settlement of Port Phillip being defrayed out of the Terri-
torial revenue (without any reference to the Council) would
seem to imply that the right to appropriate this revenue had not
passed away entirely from the Crown. Sir Richard Bourke, in
his Despatches of the 10th Octr., 1835, and 15th Septr., 1836,
appears to have proposed this arrangement without any doubt
of your Lordship's competency to sanction it; in various other
Despatches,* written within the two last years of his Government,
* Marginal note.— See Despatches 10th Augt., 1836 ; 6th June, 1837 ; 7th Sept..
1837.
GIPPS TO GLENKLG. 645
he proposed thai the remuneration to several Individuals should 1838.
be made out of the Land fund, instead of bringing their claims 3 L ov'
before the Council, particularly in the cases of Mr. Lewis, Special
/ > i i n i iaiai' • ■ i payments; from
LoloneJ Snodgrass, and Mr. Moore; m two instances, reported land revenue.
to your Lordsiiip in my despatches Nos. 151 and \7)-2, I have
had to pay Large sums out of the Land fund to complete
arrangements entered into by Sir Richard; and lastly I find that
the Crown Commissioners, first appointed in 1837, have been
paid out of the Lana fund without any vote of the Council; all
these circumstances forbid me to suppose that Sir Richard Bourke
even considered the entire control over the land fund to be
vested in the Council.
I feel it necessary here to offer an explanation of one of the Reasons for
causes at least of the great desire manifested by the Council ^mdito
of Xew South Wales that the whole of the Land revenue should appropriation
i t • ' t inn- i ..... of land
be -pent on Immigration. In 183o, the expense ot maintaining revenues.
the Police Establishments and Gaols was made a Colonial charge;
and, in order to enable the Colony to bear it, the surplus of the
Land fund was allowed to be taken in aid of it. Against the
placing of this charge on the Colony, every Unofficial and two
Official Members of the Council protested; and, in the same
year, a Committee of the Council recommended for the first
time that the whole of the Land fund should be spent on Immi-
gration; there can be no doubt that they did this partly with
a view of forcing the Home Government to take back upon
itself a portion at least of the charge for Police and Gaols. Sir
Richard Bourke, in his Despatch of the 12th August, 1835, ex-
pressed his opinion that the Colony, even with the assistance of Subsidy
the Land fund, would not be able to bear the charge, unless an towardspoiice
aid of £20,000 per annum were granted from home; and, in a and <?aois.
later Despatch of the 8th Septt., 1837, he says that the difficulty
is not in the smallest degree diminished by the circumstance of
the appropriation of the Land fund to Immigration being gener-
ally asked for by the Colonists, " since in taking this view of the
subject, the consequence of being compelled to provide by new
imposts for the necessary annual expenditure of the Colony
does not appear to have engaged their attention."
I have never ceased, since the day of my arrival, to declare
that I will introduce economy into the Government ; but never-
theless I fear that either to new Taxes or to Bankruptcy we must Necessity for
come, if the ordinary revenue of the Colony is to be charged nexvtaxes-
not only with all the expences (amounting to WO ,000 per annum),
which have been transferred to it within the last few years, but
with all expences of protecting the Aborigines, and with the
646
HISTORICAL RECORDS OF AUSTRALIA.
1838.
3 Nov.
Cost of
collecting-
land revenue.
expence also of collecting a revenue, that is to be spent on other
purposes; the expence of collecting- and managing the Crown
Revenue, including the expence of the Surveying Department,
which is fairly a part of it, will amount in the year 1839 to not
less than £30,000, without taking into account the making of
roads or any other expences which are incidental to the opening
of New Districts of the Territory. I have, &c.,
Geo. Gipps.
.5 Nov.
Approval of
admission of
public to
debates of
council.
Despatch
acknowledged.
Refusal of
gratuity for
A. Murray.
Lord Glenelg to Sir George Gipps.
(Despatch No. 229, per ship John Barry.)
Sir, Downing Street, 5th November, 1838.
I have received your Dispatch No. 83 of the 5th of June
last, transmitting a Copy of your Address on opening the Legisla-
tive Council of your Government, and reporting that it had
been resolved to admit strangers to its Debates.
I have much pleasure in conveying to you the approval of Her
Majesty's Government of your proceedings on that occasion.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 230, per ship John Barry.)
Sir, Downing Street, 5th November, 1838.
I have received your Dispatch of the 20th of June last.
No. 89, transmitting a Minute of the Executive Council of New
South Wales on the Application of Mr. Andrew Murray for a re-
consideration of Sir Richard Bourke's decision, refusing him
the gratuity usually allowed on the reduction of an Establish-
ment, on the grounds of his having declined to accept an Appoint-
ment at Norfolk Island.
I entirely concur with you in opinion that there is no sufficient
ground for reversing the decision of Sir Rd. Bourke in Mr.
Murray's Case. I have, &c,
• Glenelg.
Despatch
acknowledged.
Lord Glenelg to Sir George Gipps.
(Despatch No. 231, per ship John Barry.)
Sir, Downing Street, 5th November, 1838.
I have received your dispatch, No. 76 of the 14th of May
last, with various documents stating the endeavours which you
had made to induce Mr. Cunningham to continue in charge of
the Botanic Garden at Sydney.
cuts TO GLENELG. 647
I entirely approve of your proceedings on this occasion, and, 1888.
should the occasion arise, I will not fail to avail myself of the _ — '
means which your dispatch supplies of meeting- any misrepre- •JPf,™v^1°1'
sentation as to the causes of Mr. Cunningham's retirement from a. Cunningham,
the office of Superintendent of the Botanic Garden.
T have, &c,
I ! I i:\elg.
Sir George Gipps to Lord Glenelg.
i Despatch No. 17'.). per ship Pryade: acknowledged by
marquess of Normanby, 3rd June, 1839.)
My Lord, Government House, 5th Novr., 1838.
It having accidentally come to my knowledge that the Transmission of
acts of Council, passed in this Colony in the year 1837, have fo/m: . '"
never been transmitted to your Lordship, as required by the
28th Sect, of the 9th Geo. IV, Ch. 83, I have caused the copies
on Parchment, which were prepared for Sir Richard Bourke's
signature, to be authenticated in the best way I could, and I have
had the whole of them shipped on board the vessel (the " Dry-
ade ") by which this Despatch will be conveyed.
Each Parchment Copy has been collated with the Original, Certified copies,
which was signed by Sir Richard Bourke at the time of its being
passed, and the Certificate of its being a true Copy is signed
by the Registrar of the Supreme Court, who is the Custos of the
Original.
As all the Public Acts of the Session take force in the Colony
from the time of their passing, I am not aware of any incon-
venience that will ensue from the loss of a year in their trans-
mission to England ; but there is one Private Act, with respect Request for
to which inconvenience may arise, as it cannot come into force decision re Gas
compcinv^ set
until allowed by Her Majesty. I have therefore respectfully to
request that this act, which is to authorize the Establishment of
a Gas Light Company, may be submitted with as little delay as
possible for the gracious approval of the Queen, and Her Ma-
jesty's decision on it communicated to this Government.
There was another Private act passed in the Session, " To Royal exchange
facilitate proceedings by and against the Royal Exchange Com- comPan>"'s act-
pany," but it was sent home on the 20th Septt., 1837, with Sir
Richard Bourke's Despatch No. 94, of that date, and has already
received the Royal Assent.
I enclose the Bill of Lading of the Box containing the Acts, Bill of lading
in which also are the Acts, which have been passed in the Session and printed
of 1838. With the present Despatch your Lordship will receive
two printed Copies of the Acts of 1837 ; but, as those of 1838 are
1838.
5 Nov.
7 Nov.
HISTORICAL RECORDS OF AUSTRALIA
not yet completed by the Printer, I must defer the transmission
of them, as well as the usual explanatory Despatch, until the
next opportunity. I have, &c,
Geo. Gipps.
Lord Glenelg to Sir George Gipps.
(Despatch No. 232, per ship John Barry.)
Sir, Downing Street, Tth November, 1838.
I have received the Duplicate of your dispatch No. 61
of the 16 April last, transmitting a Memorial from Mr. Edwin
Park soliciting a grant of Land on the Grounds which he has
stated for consideration.
I have to request that you will inform the Memorialist that I
regret my inability to accede to his application.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 233, per ship John Barry.)
Sir, Downing Street, 7th November, 1838.
With reference to my dispatch of the 9th Ulto. No. 216y
I have the honor to acquaint you that the Lords Commissioners
of the Treasury have apprized me that they have authorised the
issue to Mr. Barnard, the Agent General for New South Wales,
of the further issue of the Sum of ten thousand two Hundred
Pounds in full of the Warrant for Twenty thousand two Hun-
dred Pounds, and I have to request that you will take mea-
sures for causing the repayment of that Sum into the Military
Chest of the Colony without delay. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 234, per ship John Barry.)
Sir, Downing Street, Tth November, 1838.
I have received your Dispatch No. 85 of the 12th June,
transmitting a further Minute of the Executive Council relative
to the dissensions which have unhappily arisen among the
Presbyterian Ministers in New South Wales, together with
several other documents on the same subject.
I regret to learn that your endeavours to bring these dissen-
sions to an amicable issue had not been attended with success;
but, such being the case, I can only refer you to my Dispatch
of the 3rd September, No. 207, as to the course to be taken by
the Governmt. with reference to those proceedings.
I have, &c,
Glenelg.
GIPPS TO GLENEIiG. 649
Lord Glenelg to Sib George Gipps. ig38.
/ Jso. .
i Despatch No. 235, per ship John Barry.)
Sir, Downing Street, 7th November, 1838.
I have received the Duplicate of your Despatch No. TO of Despatch
the 3d of May Inst, in which you report that, in consequence of '
the continued disagreement between Mr, Clapham and Mrs.
Leach, yon had deemed it your duty to remove Mr. Clapham from
his Situation in the Female Factory at Parramatta.
Much as I regret the failure in this instance of the means Management
which were adopted to secure an efficient and experienced Super- ^tor?6
intendonee of the Factory, the circumstances, which you state,
appear to leave no doubt of the necessity of the step which you
have taken. I trust that Mrs. Leach will prove fully adequate
to the duties with which she is charged, and that such arrange-
ments may he made as will remedy the great defects and evils
which have hitherto attached to this Institution.
I have, &c,
( rLENELG.
Sib George Gipps to Loud Glenelg.
(Despatch No. L80, per ship Dryade; acknowledged by
marquess of Normanby, 17th May. 1839.)
My Lord, Government House, 7th ISTovr., 1838.
I have the honor herewith to transmit to your Lordship an Transmission
Act, which was passed by the Legislative Council of this Colony unauthorised
on the 2nd Octt. last, intituled " an Act to continue and amend occupation of
. . . , , . , , . , . crown lands.
an Act intituled * an Act to restrain the unauthorized occupation
of Crown Lands." " and I further enclose to your Lordship a re-
monstrance against this act, dated the 11th Octt., drawn up by Remonstrance
Mr. Justice Burton and concurred in by Mr. Justice Willis, in pufs'LVjudges
which remonstrance the learned Judges declare, for reasons
therein set forth, that the Act is in their opinion repugnant to
the laws of England, and that they feel it their duty, in con-
formity with the 22nd Sect, of the 9th Geo. IV, Ch. 83, to make
to me a representation to that effect.
As it appeared to me, on the receipt of this document, that the Effect of
arguments of the learned Judges went to impugn the right of of*"™6^
the Crown to its Territorial Revenue, and to proclaim broadly
that such Territorial revemie is a tax on the Inhabitants, con-
trary to what I knew to have been uniformly maintained in other
Colonies by many successive Governments of Great Britain, I
deemed it right to take the opinion of my legal advisers before I
laid their Honors' remonstrance before the Council; and I have
650
HISTORICAL RECORDS OF AUSTRALIA.
1888.
7 Nov.
Counsels'
opinions
adverse to
judges.
Proposal by
judges to
substitute new
remonstrance.
Conditional
withdrawal of
remonstrance.
Difficulty
created by
and effect of
remonstrance.
Possibilities at
next session
of council.
now further the honor to enclose to your Lordship the opinions
given on the subject by the Attorney General and Dr. Kinchela,
who, your Lordship will perceive, both take the same view of it
that I had done, and dissent from the opinion of the learned
Judges. I have further to report, My Lord, that, on my making
known to Mr. Justice Burton and Mr. Justice Willis the opinions
of the Attorney General and Dr. Kinchela, both the learned
Judges expressed their readiness to withdraw their original re-
monstrance and to substitute one, which, leaving untouched the
question of Prerogative, should go only to the minor objections,
which they had urged against the act or against those parts of
it, which the Attorney General himself admitted to be faulty; but
the fourteen days,* allowed by the 22nd Sect, of the 9th Geo. IV,
Oh. 83, having in the mean time elapsed, I thought it would not
be proper to allow such a substitution to be made, as I considered
myself not authorized to bring before the Council any letter or
remonstrance, which was not actually written and received within
the fourteen days; the consequence of which was that the re-
monstrance was withdrawn altogether, though on the understand-
ing that I am to introduce early in the next Session a Bill to
amend the Act in the minor points of which I have spoken. I
trust your Lordship will approve of the line of conduct which I
adopted on this embarrassing occasion, the difficulty of which was
increased by the circumstance of my having received the Judges'
remonstrance only on the eve of the day (the 12th Octt.), which
had been fixed for the close of the Session. I was thus forced to
keep the Members of Council together several days after their
arrangements had been made to return to their homes; and I
could not do this without letting them know the reason of it.
Your Lordship will therefore perceive that, though the Judges'
remonstrance was not laid before the Council, nor the exact con-
tents of it made known, yet the fact of a remonstrance having
been made is matter of notoriety in the Colony. To this I would
respectfully ask to draw Your Lordship's attention, as I fear it is
calculated to act prejudicially on the Government at a time when
the Public mind is so intensely directed to the way in which the
Crown Revenue is to be appropriated, as I have had the honor
to explain to your Lordship it now is, in my Despatch on the
subject of Emigration, No. 177 of the 31st nlto.
I trust I may be excused for adding that, if I am enabled to
lay before the Legislative Council at its next meeting a clear
exposition of the views of Her Majesty's Government on the sub-
ject of the Levy and appropriation of the Territorial Revenue,
I have little doubt of a ready acquiescence in those views both by
the Council and the People of the Colony; but, if any delay occur
* Note 120.
GIPPS TO GLENELG. 651
iu making them known or hesitation in maintaining them, conse- JB3H.
• t i • i j. • u ui ' Nov.
quences of an embarrassing nature may I think not improbably
ensue. I have, &c.,
[Enclosures.] Geo. Gipps.
[These were a copy of the act of council, 2 Vict., No. 19, and
the legal opinions, of which copies will he found in a volume in
series I \~. \
Sir George Gipps to Lord Glenelg.
(Despatch marked "Separate and Confidential," per ship Dryade.)
My Lord, Parramatta, 7th Novr., 1838.
With my Public Despatch of this day's date, I have trans-
mitted to your Lordship Copies of all the documents which are
officially connected with the remonstrance of the Judges against
the Crown Lands occupation Act; in a matter howTever of so Necessity for
unexpected and unusual a nature as a remonstrance from two rcportre^
Judges against the exercise of a long acknowledged right of the crown lands
r, T * i T j i_- u ui T £ occupation act.
( rown, I ieel your Lordship may very probably expect trom me
some explanation of a more minute and confidential nature than
can be conveyed in a Public Despatch; and I therefore think it
right to offer them in the present shape.
Mr. Justice Burton is a person, whose character both public Motives of
and private stands too high to allow for a moment the supposi-
tion of his having acted with any view to embarrass the Govern-
ment or from any but the purest motives; he is however known
to have long entertained some peculiar notions respecting the
right of the Crowm to dispose of lands in the Colonies; and it is
perhaps not unreasonable to suppose that he looked for an occa-
sion to bring them forward.
Mr. Justice Burton has now given way upon the principal Change in
point urged in his remonstrance, and has declared himself satis- w.1 w°nBurton.
tied that the £10, exacted as the price of a licence to depasture
Cattle beyond the Boundaries of Location, is to be regarded as
Territorial Revenue, and not as a Tax upon the People. Mr.
Justice Willis has also withdrawn his remonstrance, though he
has not so unequivocally acknowledged his change of opinion.
But, though this matter is thus disposed of for the present,
there is another and no less serious one that is likely to be brought
forward. Both these Judges are known to entertain the opinion Opinion of
that the sale of Crown T^ands, without the consent of Parlia- illegality of
ment, is illegal; and a case is, I understand, shortly to be brought sale of lands
forward in the Supreme Court to try the question. Mr. Justice of1 parliament.
Burton founds his opinion on the 1st Anne, Stat. 1, Ch. 7, which
he asserts to be in force no less in New South Wales than in
England; but Mr. Justice Willis relies upon the Civil List Acts
652
HISTOKICAL RECORDS OF AUSTRALIA.
1838.
7 Nov.
Effect of
judicial
decision re
illegality.
Question raised
in Tasmania.
Relations of
governor with
judges.
8 Nov.
Despatch
acknowledged.
Instructions
re salary of
J. Bowman.
of the late and the present Reigns, by which (as he contends) His
late and Her present Majesty gave up to Parliament all control
over their Territorial Revenues, as well in the Colonies as in
Great Britain. The Chief Justice does not, I believe, concur in
any of these views, but in the Supreme Court the opinions of the
two Puisne Judges would prevail against his; and it is unneces-
sary for me to state that a judicial decision, according to their
view of the law, would invalidate every Title in the Country ; and,
though this might be of little consequence to the Holders as far
as disturbance from the Crown is concerned, it would disable
any man from going into Court, in cases in which he would be
required to stand on the strength of his own Title as in Eject-
ments, and (I believe) in the foreclosing of Mortgages.
Your Lordship may remember that something of this kind
occurred a few years ago in Van Diemen's Land, to which there
is an allusion in a petition, which was drawn up, as I have reason
to believe, by Mr. Justice Burton himself in 1836, and which is to
be found at Page 3 of the Appendix* to Mr. James Macarthur's
Book upon New South Wales.
I am happy to be able to inform your Lordship that the dis-
cussion of these very delicate subjects has not produced any ill-
feeling between myself and the Judges ; in proof of which, I think
it right to enclose to Your Lordship a Copy of the last letter,
which I received from each of them on the subject of their
remonstrance.
Your Lordship will understand that the Act, against which the
Judges remonstrated, is only the renewal, with slight alterations,
of one (7 Gul. IV, No. 4) passed in 1836; and, for information
respecting the objects which Sir Richard Bourke had in view
when he first introduced it, I would beg to refer your Lordship
to his Despatch of the 14th Septt., 1836, No. 100.
I have, &c,
[Enclosure.] Geo. Gipps.
\'A copy of this letter will be found in a volume in series IV.]
Lord Glenelg to Sir George Gipps.
(Despatch No. 237. per ship John Barry.)
Sir, Downing Street, 8th November, 1838.
I have received your Despatch No. 60 of the 14th of April
last respecting Mr. James Bowman, late Inspector of Colonial
Hospitals at New South Wales.
My Despatch No. 25 of the 15th of November, 1837, has con-
veyed to you the necessary directions in regard to the payment
of that Officer's Salary. I have, &c,
Glenelg.
Note 121.
CUTS TO GLENELG.
653
Sib George Gipps to Lord Glenelg.
(Despatch No. L81, per ship Dryade.)
My Lord, Government House, 8th Novr., 1838.
I have the honor to forward herewith the Return called
for by Four Lordship's Despatch of the 21st July, L837, No. 345,
being in compliance with an Order of the House of Commons,
dated the 30th June, 1837, for "a TCeturn of the number of
eases in which the punishment of Flogging had been inflicted <>n
person:- serving under sentence of Transportation to the Colons
of New South Wales, in each year from 1830 to 1837."
The Return is made in two parts, the one having reference to
Summary Convictions before Magistrates, the other to Punish-
ments inflicted by order of the Supreme Court or Courts of
Quarter Sessions.
The former part, or the Return of Summary punishments, has
caused a great deal of labor in the office of the Principal Super-
intendent of Convicts. It has been prepared by Clerks in his
office at extra hours, in the way recommended by the Principal
Superintendent in a letter of which I forward a Copy, and the
expence of preparing it has been about £50.
I have, &c,
Geo. Gipps.
[Enclosure No. 1.1
Return to an Order of the House of* Commons of the 30th June.
1837. calling for the number of cases in which the Punishment
of Flogging had been inflicted on persons serving under Sen-
tence of Transportation to the Colony of New South Wales in
each year from 1830 to 1837 both inclusive.
Supreme Court and Quarter Sessions.
1838.
8 Nov.
Transmission
of returns re
punishment of
flogging.
Expenditure
on return.
Number of Floggings.
Number of Lashes.
Offences.
1
|| 1 : 1
as
1 I
1 , 1
1
si
00
JO
00
3
8
00
so
00
Assault
Being at large
without leave
Contempt of
Court.
Embezzlement 1
Insubordina-
tion.
Highway Rob- '
bery.
Larceny
Misdemeanour
Total 1
6
•>
5
1
1
5
7
i
3
1
5
2
i
Vn
knov
vn.
150
200
350
1
50
50
50
400 125
50
500 225
150
150
Return of
punishments
ordered by
supreme court
and quarter
sessions.
Sheriff's Office, 6 November. 1838.
T. Macquoid, Sheriff.
HISTORICAL RECORDS OF AUSTRALIA.
1838.
8 Nov.
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GIPPS TO GLENELG. 655
[Enclosure No. 2.] 1S3S.
S Nov.
Captain Maclean to Colonial Secretary.
Principal Superintendent of Convicts' oilier.
Sir. 23rd January, 1838.
With reference to your Letter of the L5th instant (No. 38/61) Propwalby
Calling for a return in the form transmitted by you of the number JjiJj-gEJ™
of cases in which the punishment of Flogging has been inflicted of retuni
throughout the Colony in Criminal Cases, since the 1st of January,
1830, and of the Acts under which authority was given for the
infliction of that punishment, for transmission to the Secretary of
State, and also that, unless this could be done without interference
with the Current business of my Office, that an assistant Clerk
would be allowed at Six Shillings per diem, 1 have the honor to
acquaint you that, from the daily increase of the duties in my
Office, I find that the current business would be materially retarded
by the employment In office hours of any Clerk in my department to
prepare this report; as it is however a duty which particularly
requires that a Clerk Should be employed, who is efficient, and has
been in the habit of referring to the Books which contain the in-
formation Called for. 1 beg to suggest, for the consideration and
approval of His Excellency the Acting Governor, that two Efficient
Clerks in my office, who have a knowledge of the records, may be
employed to perform this duty, and in the event of my Suggestion
being acceded to, 1 beg to propose that Mr. Dumas and Mr. Horsey
be nominated to prepare this return at extra hours, and that they
should be called upon to produce to Mr. Ryan my Chief Clerk
Weekly, the work performed by them during that time, and that
the Sum of Three Shillings per diem may be authorised to be paid
to each of them so long as they are employed on this duty to com-
mence from the day of their being so employed.
In conclusion, I beg to request that, as this return is required to
be furnished without delay, that. I may be favored with an eaily
reply. I have, &c,
J. McLean.
Sir George Gipps to Lord Glexelg.
(Despatch No. 182, per ship Dryade : acknowledged by
marquess of Normanby, 13th June, 1839.)
My Lord, Government House, 8th Novr., 1838.
With my Despatch of this day's date No. 181, I had the
honor to forward to your Lordship Returns of the number of
cases, in which the punishment of flogging was inflicted on Con-
victs in New South Wales in the several years from 1830 to 1837,
as called for by an order of the House of Commons, dated the
30th June, 1837; and, as other Returns, requiring much more Preparation
labor in preparation, were called for by a subsequent order, dated ^hoSSeot
the 29th Novr. communicated to me by your Lordship's despatch commons,
of the 30th Deer., 1837, No. 58, I think the present a proper
opportunity to inform your Lordship of the measures, which have
been taken to furnish them, as also of the expence that will be
656
HISTORICAL RECORDS OF AUSTRALIA.
1838.
8 Nov.
Estimated
expenditure
on returns.
necessarily incurred in so doing-. I accordingly transmit to your
Lordship a Copy of a letter on the subject from the Principal
Superintendent of Convicts to the Colonial Secretary, with a
Minute of my own thereupon.
Your Lordship will perceive, by the Superintendent's letter,
that these Returns will not be yet ready for many months, and
that the expence of preparing* them will be £500.
I have, &c,
Geo. Gipps.
[Enclosures.]
\Copies of these papers are not available.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 239, per ship John Barry.)
Sir, Downing Street, 9th November, 1838.
I have received your Dispatch No. 62 of the 17th April
last on the subject of an application from Mr. George Mackillop
and others in Van Diemen's Land for compensation for losses
or disappointments which they state they incurred in settling at
Port Philip.
You are right in assuming that the whole question of com-
pensation to the Original Settlers at Port Philip was set at rest
at Port Phillip, by my Dispatch No. 341 of the 10th July, 1837, and I have to
request that you will answer the parties concerned to that effect.
I have, &c,
Glenelg.
9 Nov.
Despatch
acknowledged
Decision re
compensation
to first settlers
Appointment
cf chaplain to
convicts at
Sydney.
Sir George Gipps to Lord Glenelg.
(Despatch No. 183, per ship Dryade ; acknowledged by
marquess of Normanby, 18th June, 1839.)
My Lord, Government House, 9th Novr., 1838.
I have the honor to report to your Lordship that, at the
very earnest request of the Lord Bishop of Australia, I have
appointed the Revd. Hart Sparling to the exclusive duty of
affording religious Instruction to the Convicts in Sydney, with
a salary of £200 a year payable out of the Military Chest, which
I trust your Lordship and Her Majesty's Government will ap-
prove and confirm.
I transmit a Copy of the letter, which I received on this sub-
ject from the Bishop of Australia, as well as of the answer which
T caused to be returned to it, by which your Lordship will per-
ceive that, although the Bishop proposed that in addition to his
salary Mr. Sparling should receive allowances to the amount of
GLENELG to GIPPS. 657
£130 per annum, I have not thought it proper to guarantee them, isps.
though I would, on accounl of the heavy expence of living in oy'
Sydney, recommend -Mr. Sparling's claim to them to the favor- Proposed
li -j ,• »• v t a v.- allowance
able consideration ol 1 our Lordship. tor chaplain.
Your Lordship is aware that it is the great want of Clergymen inabmtyto
alone, which lias hitherto been our excuse for not affording' to forconvictfi
the unhappy men, who arc under punishment in Sydney, religi- previously.
ous instruction and consolation in a greater degree than they
have, hitherto received it from the Parochial Clergy, whose
numerous other calls of duty prevent their allotting to this pur-
pose more than a very small portion of their time. There is
now, I am happy to say, no want in the Colony of Clergymen of Clergy
any denomination, and your Lordship will have perceived by the avai e'
Act of Appropriation, transmitted with my Despatch of the
12th Octt. last, No. 160, that the Legislative Council has in conse-
quence increased the Annual sum voted to secure religious In- Appropriation
struction to Prisoners in the Gaols of Sydney from £75 to £400 ; gj f^ius
and I should inform your Lordship that this was done on the
application of the Judges, who earnestly recommended that Chap-
lains should be appointed expressly for the Gaols, and with no
other duties to attend to.
The number of Convicts, who will be placed under the Spiritual Number of
care of the Kevd. Mr. Sparling, may be taken on the average ^yJney531
at about 500, including all in Sydney or the immediate neighbour-
hood with the exception of Goat Island, the establishment at
which place will shortly be broken up.
I annex a Memorandum of all sums paid out of the Military Payments frpm
Chest to Clergymen of every description in the Colony, and when ""cfea,£vChest
it is borne in mind that, for the three Regiments who are doing
duty in the Colony, there is no Army Chaplain, neither a Naval
Chaplain in any of Her Majesty's Ships on the station, I do not
doubt your Lordship will consider the amount very moderate,
even when increased by the allowance to the Revd. Mr. Sparling.
I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these letters will be found in a volume in series
VII.]
Lord Glexelg to Sir George Gipps.
(Despatch No. 230. per ship John Barry; acknowledged by
Sir George Gipps, 10th December. 1839.)
Sir, Downing Street, 10th November, 1838. ioxoy.
I transmit for your information the Copy of a letter Transmission of
addressed to this Department by Mr. Dennistoun, M.P. for ™™<*vonde*ce.
Ser. I. Vol. XIX— 2 T
658
HISTORICAL RECORDS OF AUSTRALIA
1838.
10 Nov.
Land sales to
be held at
Port Phillip.
Land revenue
to be appro-
priated for
immigration to
Port Phillip.
Return required
of land revenue
at Port Phillip.
Glasgow, and by other Parties resident there, and interested in the
new Settlement at Port Philip in New South Wales.
I also enclose a Copy of the reply which has been addressed
to those Gentlemen by my direction.
I think it obviously desirable that arrangements should be
made for effecting the sales of land within the settlements at
Port Philip; and, altho' it might be inconvenient to separate the
accounts of receipt and expenditure of the Revenue in different
Districts of the Colony, it is but reasonable that a fair propor-
tion of the revenue derived from the Sale of Land should be
applied in facilitating Emigration to Port Philip.
I have, therefore, to request that you will from time to time
inform me of the amount derived from the Sale of Lands at Port
Philip. I have, &c,
Glenelg.
Objections to
sales at Sydney
of land at
Port Phillip.
Request for
land sales at
Port Phillip
and appro-
priation of
revenue to
immigration.
Demand for
labour at
Port Phillip.
[Enclosure No. 1. J
Mr. J. Denistoun and others to Lord Glenelg.
My Lord. Glasgow, 23d Octr.. 1838.
We. the undersigned proprietors of stock and intended pur-
chasers of Land at Port Phillip, in the South part of the Colony of
New South Wales, take the liberty of addressing Your Lordship
respecting the regulations now in force with regard to the Sale
of the Public Land at that Place, which at present is disposed
of at Sidney to the very great detriment of the greater part of the
Settlers, who have gone there either direct from this Country or
from the Neighbouring Colony of Van Diemen's Land.
These Settlers have neither their funds at Sidney nor any Confi-
dential Agent at that Place to make the necessary purchases for
them, and they would probably incur certain ruin by absenting them-
selves from their Establishments during the time that would be re-
quired for their Voyage or Journey to Sidney, and for attendance
at the Land Sales.
The overland journey from Port Philip to Sidney is almost im-
practicable, at all events subject to great difficulty and danger; the
Sea Voyage is tedious and uncertain.
We would therefore humbly suggest to your Lordship that, if you
do not deem it necessary to appoint a resident Commissioner for
the Administration of the local affairs at Port Philip, you will
direct the Sales of Land to be made there according to the pre-
scribed regulations of the Government, under the directions of
Captain Lonsdale the resident Magistrate, the Collector of Customs,
and the Commissariat Officer, and that they should remit the Funds
arising from this source to Mr. Elliot, the Government's General
Agent for Emigration ; who, so soon as the Amount was sufficient,
should, we humbly suggest, send out a Ship with Emigrants direct
to Port Phillip. The expense of removing Emigrants from this
Country to Port Phillip would be less than in removing them to
Sidney, which is two or three Weeks longer Voyage.
We are aware that at Port Philip the greatest demand for labour
exists, and that many Gentlemen of Capital have been prevented
GLENELG TO GIPPS. 659
from removing thither, both from this Country and from Van Die-
men's Land, in consequence of the Impossibility of procuring Men 10 Nov.
to erecl habitations for their Families.
The undersigned are strictly Proprietors of stuck at Porl Philip Signatures
at the present moment : but they take the liberty of mentioning to J£ailab.le.for
y.air Lordship that, had they required to this Memorial the Signa-
tures of the Friends and Relatives of Persons, who have already
Emigrated from this part of the Country to Port Philip. Hundreds,
we may indeed say Thousands, of names would have been added.
The urgency of the Case, and its vast Importance to those who Urgency of
have already emigrated to Port Philip, carrying with them small proposal.
capitals of from £500 to £5.000. have induced us to lay before you
the present Memorial without delay, and We trust that it may
receive your early Consideration and Attention.
We are. &c.,
John Denistoun. John cross Buchanan.
Patrick Wood. Whim. Cross.
Frederick Adamson.
| Enclosure No. 2.]
Sir (George Grey to Mr. William Cross.
Sir. Downing Street. 10th November, L838.
I am directed by Lord Glenelg to acknowledge the receipt Letter
of your letter of the 24th Inst., transmitting a letter signed by acknowledged.
Mr. Dennistoun, M.P. for Glasgow, and by other parties resident
there and interested in the New Settlement at Port Philip in New
South Wales.
I am to request that you will acquaint those Gentlemen that his Requests
Lordship has called the attention of the Governor of New South granted.
Wales to the expediency of effecting at Port Philip and not at
Sydney the Sales of the Land in the vicinity of the former settle-
ment. Lord Glenelg also hopes that arrangements may be made
at an early period for meeting the other object, which you had in
view by facilitating Emigration direct from this Country to Port
Philip." I am. &c,
Geo. Grey.
Lord Glexelg to Sir George Gipps.
(Despatch No. 240. per ship John Barry: acknowledged by
Sir George Gipps. Tth May. 1S40.)
Sir, Downing- Street, 10th Xovember, 1838.
I transmit for your information the copy of a letter Transmission of
addressed to this Department by the Secretary to the Church ^2°J;Cc
Missionary Society, bringing to my notice the present circum-
stances of the Mission to the Aborigines of ISTew South Wales.
I also enclose the Copy of the reply, which has been made to
this Communication by my directions.
The Circumstances, under which this Mission was established,
are stated in a Dispatch addressed, with its enclosures, by Vis-
count Goderich to your Predecessor on the 31st of December.
1831, No. 49, to which I beg to direct your attention.
660
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
10 Nov.
Necessity for
civilisation
of aborigines.
Report
required.
From my Communication to your Predecessor, you will per-
ceive the importance, which I attach to the Civilization and
moral improvement of the Aborigines, and I am persuaded you
would yourself be most unwilling, except in a Case of the most
urgent exigency, to run the risk of marring one of the few efforts
that are in operation to atone to that injured race for the wrongs
which we have inflicted on them.
I have to request that you will prepare and transmit to this
Department, with the least possible delay, a Report on the whole
subject connected with the Mission. I have, &c,
Glenelg.
Foundation of
mission to
aborigines at
Wellington
valle.v.
Progress
of mission.
Request for
land and
pecuniary
grants.
[ Enclosure No. 1.]
Revd. Dandeson Coates to Lord Glenelg.
My Lord. Church Missionary House, 31 October. 1838.
I am directed by the Committee of the Church Missionary
Society to beg your Lordship's attention to the present circum-
stances of the Mission to the Aborigines of New Holland.
This Mission, as your Lordship is aware, was undertaken at the
instance of your Lordship's Predecessor in the Colonial office. Sir
George Murray. At the period when this matter was in negotia-
tion with Sir George Murray, the Committee inquired whether they
might expect the aid of His Majesty's Government in the extension
of the Mission, should its progress prove satisfactory. And they
were informed in reply, in a letter from Mr. Horace Twiss.
Feb. 18/30, " that the conversion of the Aborrgines of New Holland
to Christianity, and the introduction of civilisation among them
was regarded by His Majesty's Government as an object of so much
importance, that there was no probality that any undertaking,
which held out a fair prospect of success, would be permitted to
languish from the want of addition pecuniary aid." Under this
arrangement, the Committee entered on the undertaking. Two
Missionaries were engaged for the Mission and sent out. Welling-
ton Valley was fixed upon for their location, and they entered on
their labours there in October, 1832. Five annual reports have been
successively made by the Missionaries to His Excellency the Gov-
ernor of New South Wales, detailing the progress of the Mission.
That, for 1834 exhibited such favorable results that the Committee
submitted its then state to your Lordship's consideration, in a
letter under date of Deer. 17/35, and solicited additional assistance
in order to its extension and increased efficiency. This application
embraced two points, 1, the grant to the society, on behalf of the
Aborrgines. of a tract of land around the station in Wellington
Valley, on terms to secure it in perpetuity to the promotion of the
moral and religious improvement of the Aborriginal population ; and
2, an addition to the pecuniary grant. Your Lordship's reply was
communicated by Mr. James Stephen. June 30/36, in which he stated
that " your Lordship would forthwith communicate with the Gov-
ernor of New South Wales and instruct him to secure to the so-
ciety for the purposes of the Mission the portion of land applied for,
unless there should be any objection, which you did not anticipate,
to the alienation of such Land by the Crown; in which event the
Governor would be directed to assign some other portion suitable
GLENELG TO GIPPS. 661
to the purpose": and that, with regard to the application for an 1838.
increase to the pecuniary grant, you could only promise that you lONov.
would direct the Governor to bring the subject under the favorable
consideration of the Legislative Council. Your Lordship was
pleased at: the same time to convey thro' Mr. Stephen "the expres-
sion of your satisfaction ;it the favorable report contained in my
letter of the success of the Mission."
In consequence of these communications, an additional Mis- Appointment
sionarv. the Rev. James Gunther, was sent. out. and he arrived at ofRevd.
Wellington Valley in AugSt., L837. J. Gunther.
The view of the Committee being to derive the means of the
gradual extension of the Mission from the cultivation of the tract
of land, which your Lordship had agreed to assign to the Society
in behalf of the Aborigines, an Intelligent farmer, Mr. William Engagement
Porter, was engaged by the Committee in prosecution of this design, of W. Porter,
and he sailed to his destination in Febry. of the present year. An
extract from the Instructions of the Committee to Mr. Porter, fully
detailing their views as to the course of his proceeding was com-
municated to your Lordship in my letter of Feb. 14/38.
Your Lordship will thus perceive that the Committee have on
their part taken effectual measures for the extension of the Mission,
in pursuance of the arrangement sanctioned by your Lordship in
Mr. Stephen's letter of June 30/36, above referred to. It is
therefore with much concern that they have learned from their
correspondents in New South Wales not only that no additional Refusal of
pecuniary grant has been made to the Mission by the Colonial Gov- land and
eminent, but that the tract of land at Wellington Valley intended l^""siary
to form the basis of the extension of the Mission to the Aborigines
lias not been assigned to the Society for that object in conformity
with your Lordship's directions. The Committee therefore earnestly
solicit your Lordship's interposition to give complete effect to an
arrangement not less due to the Aborigines of New Holland, de-
moralised and injured as they have been by the Colonial Popula-
tion which we have introduced into their country, oil grounds
of justice than of humanity and religion.
The Committee are also impelled strongly to press the claims of
this Mission on your Lordship's notice on the grounds of the favor-
able views of its progress, contained in the Fifth Annual Report of
the Missionaries for 1837, which has just reached them. The Com-
mittee request your Lordship's attention to the following passages
extracted from that Report : —
" The Missionaries, in presenting this their fifth Annual Report, Prospects of
are happy to state that their prospects of success among the success of
Aboriginal Natives are gradually becoming brighter, and that the m]SS10n-
progress, made by the Natives during the past year in the respec-
tive departments of instructions, civilisation, etc., afford abundant
encouragement for perseverance."
Six children have been added to the Mission family during the
past year, given by their parents wild from the Bush; three of
whom, averaging about seven years of age, have in the course of Religious
nine months become able to read the Holy Scriptures as well as education of
the Book of Common Prayer; and to find the Lessons. Psalms, children.
Hymns, etc. The order and regularity with which they respond,
their singing, and indeed their whole behaviour at Divine Service
presents a most pleasing and interesting spectacle, especially when
contrasted with their early wild heathen habits. It is a circumstance
662
HISTORICAL RECORDS OF AUSTRALIA.
1S38.
10 Nov.
Experience in
education of
chilren.
Difficulty i:
education
of female
aborigines.
Use of native
language by
missionaries
Employment
of aborigines.
Number of
aborigines at
mission station.
as pleasing as it is remarkable that all the children taught to
read at the Mission House are much attached to books, consider
it a severe punishment to be deprived of them, and esteem the
present of a new one to almost any thing else. While they are
learning the Alphabet and to spell, they feel no interest, and the
work of instruction is tedious to both Teacher and Pupil ; but,
when they have overcome these preliminary difficulties and are
able to read so as to understand, their attention becomes excited,
they begin to feel a pleasure in the employment, and appear to be
never wearied with it. The Aboriginal Natives are indeed capable
of attaining to the knowledge of any thing in which they may be
instructed. Several respectable Gentlemen, who have at various
times visited the Mission, have expressed their gratification and
surprise at what has already been effected amongst these heathen
children.
There is perhaps amongst no Aboriginal females a more general
willingness to be instructed than is found amongst these ; and it is
a most affecting circumstance that, on account of the inefficiency
of the means forthcoming for the support of the Mission, a- more
eligible system than the present one could not hitherto be adopted
for bringing them into a closer and a more intimate connexion
with the female members of the Mission, by whose constant care
and instruction, under the Divine Blessing, there. is no doubt they
would become faithful wives, tender mothers, and useful members
of society. It is however a lamentable fact that those, who are
under instruction but sleep at the camp, can scarcely go a short
distance to fish, etca.. without being drawn into evil by Europeans,
who sometimes prevail upon them to accompany them to their
huts, and remain with them for the night. The following morning
the females have been so ashamed as on- that account to absent
themselves from the means and place of instruction.
As no extensive good could be expected to result from instruction
unless communicated through the medium of the Natives' own
language, the Missionary has ever considered the attainment of it
as one of the first and most important duties, and to which he has
endeavoured to devote as much of his time and attention as his
circumstances would allow. Accordingly there have been, during
the past year (including the ... of former attempts) trans-
lated into the Aboriginal language the first nine chapters of the
book of Genesis, the whole of St. John's Gospel, the first nine chap-
ters of the Acts of the Apostles, and most of the Liturgy of the
Church of England. A portion of these translations is regularly
read with the Natives in Divine Service, and which they all profess
to understand.
During the past year, many of the Natives have been usefully
employed in various departments of labour, as threshing, tending
sheep and cattle, fetching wood and water with the dray, ploughing,
working in the garden, etca. In the harvest season, more than
twenty were employed in reaping, loading, stacking, etca.
There are generally on the Mission not fewer than fifty or sixty,
frequently eighty, and occasionally upwards of a hundred Abori-
ginal natives. A disposition to locate themselves and to reside with
the Missionaries is becoming prevalent among them ; several are
engaged in building two substantial huts for themselves, each con-
taining a sleeping room, and a room for cooking. One of the huts
measures twenty-seven feet by twelve, and the other twenty-five
feet by twelve, without the chimnies. which are erected outside
GLENELG TO GirPS. 663
the buildings. The cutting the wood, splitting the slabs, and the 1338.
whole erection of them is done by by themselves, except a little ionov.
assistance in fixing the roof.
The injurious and devastating effects on the Aborigines by the Effects of
progress of European Colonization developed in the following pas- European
sage of the Report, will, the Committee are confident, deeply im- Jnabori^Ms.
press your Lordship's mind.
Had the .Missionaries to labour among I be Aborigines apart from
the influence of snob an European population, as is every where in
the Interior planted among them, or had the Aboriginal Natives
those resources which they possessed when they were the sole
proprietors of the soil, the Mission would have few difficulties to
encounter and the annual expenditure would be comparatively
t ritling. But it is a well known fact that, wherever Europeans have
been located for any length of time, the natural resources of the
Aborigines for food are in a great measure cut off; hence these
houseless wanderers are seldom found living in the Bush except
when on a lighting expedition, etca., but generally in the immediate
neighbourhood of Europeans. rfhe dialect spoken by the Abori-
gines at Wellington Valley is spoken by Natives over a tract of
country not less than two hundred miles by one hundred and fifty
miles. The Natives, scattered over this wide range, constitute the
spiritual charge of the Missionaries at Wellington Valley. Mingling
with these Natives, there are perhaps not fewer than two thousand
Europeans. Every Overseer must know, and few Gentlemen, who
either live on their establishment in the interior or occasionally
visit them so situated, cannot but know how very generally the
Europeans take the Native Females in their places of abode, and
make them the partners of their vicious conduct. To what indeed
but to such a "system of iniquity and to the, it is believed, preg-
nant murders of half cast infants, is to be attributed the gradual
diminution of the Aborigines where-ever Europeans have been
located."
It hence appears that the progress of Colonisation operates with
disastrous potency on the Aborigines by exhausting the supply of
native poor previously to be found in the Bush and by Drawing
them in consequence into that contact with the Colonial population
which is their bane.
The claims therefore of this wretched people on the British
Government for the adoption of every practicable means for their
moral and social melioration rest on the strongest grounds of
humanity and justice.
The Missionaries add : —
" It must appear clearly to all, who seriously consider it. that Necessity for
there is nothing but Missionary Effort to save these wretched cor- missionary
rupted natives from becoming extinct ; but Missionary effort if duly entel'Prise-
supported and properly directed is capable of doing this, and more;
it will, under the Divine Blessing, raise them to a level with
civilised nations, and elivate (them) to the standard and enjoy-
ment of true believers in Jesus Christ."
The Committee therefore earnestly appeal to your Lordship for
that authoritative interposition in furtherance of the Mission,
which may under the divine Blessing render it as extensively in-
fluencial as possible in bringing Aborigines under the influence of
Christianity, and of thus repairing, so far as reparation is in our
powder, the wrongs inflicted by the course of our new Colonial policy.
664 HISTORICAL RECORDS OP AUSTRALIA.
1S3S. There is another proceeding on the part of the Colonial Govern-
10 Nov. ment affecting the mission to the aborigines, which I am directed
by the Committee to bring under your Lordship's notice.
Objections to it is the formation of a police and post office Establishment at
police-station Wellington Valley, in the very centre of the mission. The Local
a?WPeUin5rtoCn Government were probably led to fix on Wellington Valley for the
valley. police Establishment in question in consequence of the Buildings
there being the property of Government. The committee however
are persuaded that neither this consideration, nor even graver
ones if such there be, will in your Lordship's Judgement sanction
a proceeding, which the Committee are led to believe would most
seriously interfere with, if not wholly frustrate the Object of the
Mission, The religious and social improvement of the aborigines.
In saying this however, the Committee do not suppose that any-
thing injurious to the interests of the Mission was intended by
this arrangement. On the contrary, they have reason to believe
that His Excellency the Governor is anxious to carry it into effect
with every practicable regard to the advancement of the Mission.
The Committee however are convinced, from the information be-
fore them, that a Police establishment, however guarded in its
arrangement, is incompatible with the beneficial working of the
Mission.
In confirmation of this view of the case, the Committee enclose
for your Lordship's information a copy of a letter from the
Reverend Win. Watson, one of the Missionaries, to the Reverend
Wm. Cowper, Secretary of the Corresponding Committee of the
Church Missionary Society in New South Wales, explaining their
reasons for anticipating the most disastrous effect to the Mission
from the Police Establishment. In that Letter, Mr. Watson
States :—
From the most painful experience, the Missionaries are led to
believe that, in the event of a plan proposed becoming established,
the Mission will be eventually broken up, and the Aboriginal
Natives, left as an easy prey to wicked Europeans, must soon be-
come extinct.
The evening before the Court day at Wellington Valley, a number
of mounted police brought in a man to be tried, and had not been
more than three or four hours on the settlement before one of them
was detected by the Reverend Wm. Watson attempting to decoy
one of the Aboriginal females from the camp.
On a Court day. Mrs. Watson happened to look out from her
room window when she beheld a man stript to his shirt, bound to
a post and the scourger just about to commence punishing the
prisoner.
The sight was too much for her feelings, she fainted, and it was
a considerable time before she was restored. On the first Sunday
that the Mail left Wellington Valley, as soon as service at the
church was closed, the Aboriginal Natives pointed to the Post Office
Clerk (who had his fowling piece shooting ducks) opposite the
Mission house saying, " there is White fellow, white fellow shoot on
Sunday."
The facts occurring at the very commencement of the location
in the Mission of a Police and Post Office Establishment, occurring
too when the operations of those Establishments were of a limited
extent and carried on under the present influence of recent Orders
GLENELG TO GIPPS. 665
to shape their proceedings with duo regard to the Welfare of the 1338.
.Mission, renders their ultimate effects on the Mission too clear to lONov.
admit of doubl or question. objections to
So deeply convinced are the Missionaries oi the necessarily injur 1- police-station
OUS effects on the .Mission of the Police Establishment especially and ;..^t-office
that, in a letter to .Mr. Cowper, 3rd March. L838, written iininctli- J^^.111'1^00
ately after they were informed of what was in contemplation, they
thus expressed themselves, "if the Colonial Government persevere
in forming a Court Establishment on the Mission and the British
Government confirm that procedure, this Mission at once will he
destroyed."
The Missionaries also thus express themselves in a letter to the
Colonial Secretary, under date of March 12th. 1S38.
"That the Missionaries feel it their duty to submit to His Excel-
lency, the Acting Governor, that, should the proposed, plan be con-
summated and confirmed by the British Government, they would
no longer remain in their connexion with Government as Mis-
sionaries, when, after having been located not by their own indi-
vidual choice hut by his Excellency the Governor, and having faith-
fully discharged their arduous duties for live years, means are
adopted, calculated in their nature and consequences to destroy
all hopes of evangelization of the Aboriginal natives, for which
specific purpose the Missionaries were appointed to this Country
and the land was given: it cannot but be presumed with the express
design and intention that, undisturbed by European influence, a fair
opportunity might be afforded for training the Aboriginal Natives
to habits of industry and teaching them the great truths of Chris-
tian Religion."
The Committee therefore most earnestly importune your Lord-
ship to adopt measures for the speedy removal from the Mission
land of the Establishments in question, and forseeing the ^lission
against being hereafter interrupted or retarded in its proceedings
by having them broken in upon by measures of General Colonial
Administration. I have. &c.
D. Coates. Sec. C. M. Society.
[Sub-enclosure.]
Revd. W. Watsox to Revd. W. Cowper.
Revd. Sir. Sidney. 28th April. 1838.
In accordance with your request. I endeavour to state the Protest
reasons which influence the Missionaries in expostulating on the by Revd.
formation of a Police Station and Post Office on the Mission Land ^Vain^yohce-
at Wellington Valley. It cannot but be remembered by you that. Nation and
in the year 1829 or 1830. the Honble. the Secretary for the Colonies j»o>t-officeat
applied, to the Church Missionary Society in England for two ^eUington
Clergymen to officiate as Missionaries to the Aboriginal Natives of
New Holland, for which purpose an annual grant of £500 would be
supplied from the Colonial Revenue of New South Wales and a
portion of land afforded for the location of the Missionaries on
which they should endeavour to train the Aboriginal natives in the
Art of Agriculture, etc.. as well as to make them acquainted with
the truths of our Holy Religion.
For the purpose of being employed in this undertaking the
Revd. William Watson, a Clergyman in English Orders, and the
Revd. J. S. C. Handt. a Clergyman in Lutheran Orders, were
specifically engaged by the Committee of the Church Missionary
HISTORICAL RECORDS OF AUSTRALIA.
18S8. Society in London. On the arrival of the Missionaries in New
South Wales, they learnt that Wellington Valley, formerly a penal
Settlement, had been reserved, by order of His Excellency Sir Ralph
Darling, as the scene of their Missionary labours; to that place
they were accordingly directed to proceed by His Excellency Sir
Richard Bourke. who, to prevent the Missionaries from being an-
noyed by any of the Settlers in the neighbourhood of the Mission,
directed that Boundaries of the Mission Land should be published
in the Government Gazette. Indeed such appears to have been
the assurance in the mind of his late Excellency that the ten thou-
sand acres of land devoted to Missionary purposes (by Order of
the Honble. the Secretary for the Colonies) should not be otherwise
disposed of, that, when application was made by Messrs. Raymond
and Macatto for a detachment of mounted Police to be stationed
in the neighbourhood, Sir Richard Bourke gave express direction
that they must not be stationed on the Mission land, or be per-
mitted to interfere in the least with the Mission.
That Sir Richard Bourke considered the land at Wellington
Valley sacred to Missionary purposes appears by the accompanying
letter, forwarded by order of His Excellency from the Colonial
Secretary's Office, Feb. 27th, 1837. The Committee of the Church
Missionary Society, it is presumed, never anticipated or requested
that the land at Wellington Valley should be granted for any other
purpose than as a field of Missionary effort among the Aboriginal
Natives, and as affording facilities for supporting them on the Mis-
sion. The Missionaries entered on their confessedly arduous duties,
taking without any promise, prospect or desire of becoming pos-
sessors of the land otherwise than using it for Missionary purposes.
In the prosecution of the work assigned them, the Missionaries
have laboured indefatigably for five years, devoting their whole
time, talents and strength to the improvement of the Aboriginal
Natives; and. amidst unparalleled difficulties arising from the
depraved habits of Europeans, there are not wanting evidences of
success. Many of the Aboriginal Natives have been taught to read
the Holy Scriptures, to cultivate the ground, to erect houses for
themselves, etc., and indeed, notwithstanding the obstacles which
have been in the way of its improvement, it has advanced and
prospered beyond the experience of any other Christian Mission
among savage tribes in the same space of time.
It is humbly submitted that the land at Wellington Valley was
afforded for Missionary purposes on the same tenure as the land
at Lake Macquarie was to the London Missionary Society in 1825
or 1820. that is. so long as Missionary occupations are being prose-
cuted with zeal and diligence, and those operations accompanied
with a proportionable measure of success, the land is sacred to
Missionary purposes ; and that to convert it or any part of it to the
formation of a Po^t Office, or a Police Establishment is at variance
with the design of the Honble. the Secretary for the Colonies, as
well as with all the proceedings of His Excellency the late Governor
in reference to the land in connexion with the Mission. From the
most painful experience, the Missionaries are led to believe that,
in the event of the plan proposed becoming established, the Mission
will be eventually broken up, and the Aboriginal Natives, left as an
easy prey to wicked Europeans, must soon become extinct. The
evening before the first court day at Wellington Valley, a number
of the mounted Police brought in a man to be tried, and had not
GLENELG TO GIPPS. 6G7
been more than three or four hours on the settlemenl before one iS3S.
of them was detected by the Revd. Mr. Watson attempting to decoy ionov.
one ot" the Aboriginal Females from the Camp. On a Court day. j>rotest
Mrs. Watson happened to look out from her room window, when by Revd.
she beheld a man strip! of his shirt bound to a post, and the \v. Watson
gcourger just about to commence punishing the prisoner. The sight as'al.nst P°hce-
\v;is too much for 1mm- feelings: she fainted, and it was ;i consider- pOSt*officeat
able time before she was restored. On the firsl Sunday, that the Wellington
Mail left Wellington Valley, as soon as Service at the Church was valley,
closed, the Aboriginal Natives pointed to the Post office Clerk, who
had his fowling piece shooting ducks opposite the Mission House
saying ••There is white fellow, white fellow shoot on Sunday." As
the Missionaries have bnt one object and aim in the prosecution of
their labours, namely, the civilization and evangelization of the
Aboriginal Natives, and as they were induced to believe that, in the
prosecution of this their work, they would be afforded every facility,
support and encouragement from the Colonial Government of New
South Wales, i bey consider that they would not be performing their
duty to the British Government, t<> the Colonial Government or to
the Aboriginal Natives, were they to omit a full and candid state-
ment of their reasons for not acquiescing in the plan of forming
an Establishment on the site of the Mission, which would tend, to
destroy what the Missionaries at considerable anxiety and labour
have for live years been striving to effect, whilst they would iiumbly
and respectfully state that, they have reason to believe that His
Excellency, the Acting Governor, was led to form those plans on
representations neither fair nor candid.
Hoping that these remarks will be favourably received, and not
doubting that they will meet with the candid consideration of His
Excellency the Governor. I am, &c,
W. Watson.
| Enclosure No. 2.]
Sik George Grey to Revd. Daxdeson Coates.
Sir, Downing Str., 10 November. 1838.
1 am directed by Lord Glenelg to acknowledge the receipt of Letter
your letter of the 31st Ulto., bringing to his Lordship's attention acknowledged.
the present circumstances of the Mission to the Aborigines of New
Holland.
I am to request that you will express to the Committee of the inability to
Church Missionary Society Lord Glenelg's regret that their Mis- give decision
sionaries in New South Wales did not take the precaution of placing ]?endl"ff .^P0^
in the hands of the Governor of the Colony a copy of the Repre- 'r
sentations, which they have transmitted to the Society in this
country. Had that course been pursued, His Lordship would prob-
ably have been in possession by this time of the Governor's repre-
sentations, which might have enabled him to adopt a final decision
on the case, without the inconvenience and delay of referring to so
very remote a quarter of the Globe for official information on the
subject.
Lord Glenelg has, however, directed the Governor to prepare and instructions
transmit with the least possible delay a Report on the whole sub- to governor.
ject, and has also directed his attention to the instructions which
have already been addressed to his Predecessor in the Government
of New South Wales. I have, &c,
Geo. Grey.
668
HISTORICAL RECORDS OF AUSTRALIA.
1838.
10 Nov.
Despatch
acknowledged.
Approval of
statement by
Sir G. Gipps
re disposal of
land.
Lord Glenelg to Sir George Gipps.
(Despatch No. 241, per ship Asia.)
Sir, Downing- Street, 10th November, 1838.
I have received Your Despatch No. 82 of the 2nd of June
last.
Having in my despatch No. 176 of the 9th of August fully
stated the views of Her Majesty's Government as to the principle
on which Land should be disposed of in New South Wales, it is
scarcely necessary for me to express my entire concurrence in the
objections which you have noticed to most of Dr. Fowles' sug-
gestions. Should you think it expedient, you will consider your-
self authorised to increase the amount of the deposit paid by
purchasers at the time of Sale.
I have, &c,
Glenelg.
Despatch
received re
protectors of
aborigines.
Objections to
removal of
Tasmanian
aborigines to
Port Phillip.
Sir George Gipps to Lord Glenelg.
(Despatch No. 184, per ship Dryade; acknowledged by
marquess of Normanby. 20th May, 1839.)
My Lord, Government House, 10th Novr., 1838.
Your Lordship's Despatch of the 31st Jany., 1838, No. 72,
announcing to me the appointments of Mr. Robinson and four
other gentlemen as Protectors of Aborigines, and suggesting
the removal to Port Phillip of the Aborigines, who were trans-
ferred some years ago from Van Diemen's Land to Flinders
Island, reached me at a time when very great irritation existed
in the Colony, in consequence of the collisions between the
settlers and the Natives in distant parts of the Country, which I
have had the honor to report to your Lordship in my Despatches
of the 25th and 27th April last, and the 21st July, Nos. 67, 68
and 115.
Your Lordship will believe that the moment did not appear a
favorable one for bringing forward a measure, in which your
Lordship was pleased to say, it would be necessary to act with
the utmost caution and circumspection. The project of re-
moving these Blacks to Port Phillip was no sooner known, than
it was met with the most decided opposition by all classes in the
Colony, and even in the Council I could not find a single Mem-
ber who would look on it favorably. Mr. Robinson in the mean
time arrived in the Colony; feeling it necessary therefore that
something should be done, I thought it best to cause him to be
examined by a Committee of the Legislative Council in the
hope that the account he might give them of his success with the
Aborigines of Van Diemen's Land, and of the state of civiliza-
tion to which those at Flinders Island had advanced under his
GLENELG TO GIPPS. 669
care, might induce a more favorable view of the subject. A Com- 1S3S.
mittee o\' the Council was accordingly appointed, of which the '
Bishop of Australia was Chairman, and of the Report, which was cfomm^ttifer
presented to the Council by His Lordship on the part of the aborigines.
Committee, I have now the honor to enclose a Copy. Your Lord-
ship will I am sure read this document with regret and dis-
appointment; but I hope nevertheless your Lordship will think
1 have acted discreetly in not carrying into effect the removal
of the Blacks from Flinders Island in the face of it. Mr. Robin- Protectors of
son has now returned to Van Diemen's Land in order to complete port'ph'niip.
his private arrangements for removing to Port Phillip, to which
place he will bring at present only a very small number (one
Family) of the Flinders Island Blacks a- hi> personal attendants.
The four assistant Protectors, who arrived by different vessels
from England, are as yet in Sydney, but they are to remove to
Port Phillip as soon as a conveyance can be provided for them-
selves and families, and are there to await the arrival of Mr.
Robinson.
Your Lordship informed me that the salary of each of these Salaries and
four gentlemen has been fixed at £250 per annum; but, in addi- JroSctor^ 01
tion to salary, they claim various allowances and advantages,
which they say were promised them in your Lordship's name by
Sir George Arthur; they will evidently require seme equipment
to enable them to enter upon their duties, but I am not able yet
to report to your Lordship what the expence of it may be.
I have, &c,
Geo. Gipps.
[Enclosure.]
[This was the printed report of the committee on the aborigines
question, dated 12th October, 1838, from the " Votes and Pro-
ceedings" of the legislative council.']
Lord Glenelg to Sir George Gipps.
(Despatch No. 242. per ship Asia; acknowledged by
Sir George Gipps. 11th November. 1839.)
Sir, Downing Street, 12th November, 1838. 12 Nov.
I have the honor to acquaint you that the Lords Commis- Advance for
sioners of the Treasury have directed a further Advance of senS*10"
£8,000 to be made to the Agent General for New South Wales
on account of the Emigration Service of that Colony; And I
have to request that you will give the necessary directions for
the immediate repayment of that Amount to the Military Chest.
I have, &c,
Glenelg.
670
HISTORICAL RECORDS OF AUSTRALIA
1838.
13 Nov.
Correspondence
re customs
establishment.
Instructions re
administration
of customs
department
at Ceylon.
Lord Glenelg to Sir George Gipps.
(A circular despatch, per ship John Barry.)
Sir, Downing Street, 13th November, 1838.
I have the honor to transmit, for your information and
guidance, copies of a correspondence between the Board of Trea-
sury and this Department respecting appointments to vacant
situations in the Customs Establishments in the Colonies.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Sir. Treasury Chambers, 16 November, 1837.
The Lords Commissioners of Her Majesty's Treasury having
had under their consideration the Despatch from Governor Sir
Robert Wilmot Horton, dated Ceylon, 7th April last, applying for
information and Instructions upon various points connected with
the transfer of the Customs Department in Ceylon to the super-
intendance of the Commissioners of Customs, together with the
suggestions contained in your Letter of 26th September last for-
warding the said Despatch to this Board, I am commanded by their
Lordships to communicate to you, for the information of Lord
Glenelg. my Lords' opinion with respect to the points adverted
to in the Despatch and the arrangements that should be made with
reference thereto.
My Lords consider it necessary, with a view to the due and uni-
form administration of the Navigation Laws and to the proper
observance and enforcement of the Laws relating to the collection
of the Customs Revenue of the Island of Ceylon, that the Collector
and Comptroller at Colombo, as the principal officers of the Customs
in Ceylon, should be charged with the supervision and direction of
all Officers of the Department at other stations in the Island ; and
that all reports from or Instructions to the Officers at Out stations
should be addressed to or communicated by those Principal Officers.
It is the duty of the Principal Officers to see that the Business
of the Department throughout the Island is conducted in the manner
prescribed by the Laws relating to the Trade and Navigation of the
British Empire, or by the Local Laws of the Island, and in con-
formity with such regulations and Instructions as may be notified
to them by the Commissioners of Customs acting under the direc-
tion of my Lords' Board.
But. altho' the principal Officers are thus placed in direct com-
munication with, and under the immediate Orders of the Board of
Customs in London, for whose decision it is their duty to refer all
points on which they may require special Instructions, it is dis-
tinctly to be understood that, like all other public Officers in the
Colony, the Officers of the Customs are subject to the general con-
trol and local authority of the Governor whose directions, in case
he should see occasion, in the discretionary exercise of the powers
with which he is invested, to interpose his authority in any matter
connected with the duties of the department, are to be received with
respectful deference and to be duly obeyed, the officers being guided
in this respect by the Instructions contained in the General Order
GLENELG TO GIPPS. 671
of the Board of Customs of 5th July. 1814, issmnl in concurrence i833.
with a Circular addressed by the Secretary of State to the Gov- i3Nov.
enter of Colonies on the 14th January. 1814. Instructions re
Ir is also to be understood that, altho' it is not necessary that administration
copies of the communications that may take place between the of customs
Principal officers at Colombo and the Board of Customs in London at Ceylon.
shall on all occasions be submitted to the Governor, it is the duty
of those officers to keep the Governor fully apprized of their pro-
ceedings in relation to all matters connected with the Trade or
other general Interests of the Colony; and they are at all times to
furnish such Information, reports, or accounts, relating to the
revenue under their charge, or to the Establishments or business
of the Department, as the Governor may see fit to require.
Although my Lords did not deem it necessary to make any
general alteration in the arrangements relating to the Customs
Establishments in Ceylon, on the department being placed under
the management of the Hoard of Customs, the Officers of Customs
in that island, as on all other stations under that management,
will in future derive their Authority from my Lords' Board: and
it is consequently to be understood that, whenever the Governor
may have occasion, in case of a vacancy occurring in any branch
of the department either at Colombo or the Out Potts, to nominate
some party to execute the Duties of the vacant office, the appoint-
ment is only to be temporary and subject to such ulterior directions
;is my Lords in communication with the Board of Customs may see
fit to give.
It is not my Lords* intention that any expenditure should be
incurred from the Revenue of Ceylon, except under the Governor's
Authority and Warrant: and. unless therefore in cases where the
officers of the Customs are empowered and required by Law to
make any specific allowance. Drawback, or other payment, the gross
receipts of the Department are on all occasions to be paid over to
the Colonial Treasury, or the District Chests, and to be accounted
for to the Colonial Authorities.
My 'Lords are accordingly of opinion that the Governor has acted
very correctly in directing the regulations heretofore established
in these respects to remain in force and be observed, and it will be
the duty of the Principal officers to apply, in such form as the
regulations of the Colonial Government may provide, for the
Governor's authority for the payment of the Salaries assigned to
the Establishment, or of any incidental expence of the Department.
I am at the same time directed to request that you will move
Lord Glenelg to convey the requisite Instructions and directions to
the Governor of Ceylon on these subjects, apprizing his Lordship
that my Lords have caused a corresponding communication to be
made to the Commissioners of Customs, from whom the Officers of
Ceylon will likewise receive such further directions as may appear
from the statements in Sir Robert Wilmot Horton's Despatch to be
requisite for their Guidance.
I am also desired to request that you will express to Lord
Glenelg my Lords' satisfaction in observing that the conduct of the
Officer deputed to fill the situation of Comptroller of the Customs
at Ceylon have met with Sir Robert W. Horton's approbation.
I have, &c,
A. Y. Spearmast.
672
HISTORICAL RECORDS OF AUSTRALIA.
13 Nov.
Instructions
re filling of
vacancies
in customs
establishments.
Sir
[Enclosure No. 2.]
Mr. A. Y. Spearman to Under Secretary Stephen.
Treasury Chambers, 21st December, 1831
The Lords Commissioners of Her Majesty's Treasury having
had under their consideration the Letter, which you addressed, by
direction of Her Majesty's Secretary of State for the Colonies, to
this Board on the 18th Ulto. with the enclosed Despatch from the
Lieutenant Governor of Nova Scotia, reporting the permission which
he had given to Mr. Davies. of the Customs Establishment in that
Colony, to return to this Country, and the nominaiton of Mr. Miller
to perform the duties of the Office vacated by Mr. Davies, and also
the Letter which you had previously addressed to this Board on
the 9th August last with a Despatch from the Governor of New-
foundland relating to the supercession, by the appointment of an
Officer from this Country, of a Native of that Colony, whom he had
nominated to a vacant situation in the Customs Department at
St. John's. I am commanded by their Lordships to request you will
state to Lord Glenelg, with respect to the appointment of Mr.
Miller, that, adverting to the recommendation of his Lordship and
Lieutenant Governor Sir Colin Campbell, and to the testimony
borne by that officer to Mr. Miller's meritorious conduct, my Lords
will be prepared, in the event of the removal of Mr. Davies from
his situation in Nova Scotia, to confirm Mr. Miller in the office
that will be thereby vacated, subject to the report of the Board of
Customs as to his being duly qualified to fill the same.
Referring at the same time to the observation in your letter of
18th Ulto. that " Lord Glenelg has reason to know that the practical
exclusion of the Inhabitants of Nova Scotia " from this branch of
the Public Service is regarded with very strong dissatisfaction ; and
to the statement in your previous communication of 9th August
last, that, " it would be satisfactory to Lord Glenelg if his Lordship
would be enabled to transmit to the Governor of Newfoundland
any assurance that the Inhabitants of the Island would be admitted,
in common with all other subjects of Her Majesty, to a full par-
ticipation in the advantages connected with the receipt and manage-
ment of the Customs." my Lords request you will recall his Lord-
ship's attention to the communication addressed by their direction
to you on the 14th May, 1836, in reply to your letter of 20th April.
1836, whereby his Lordship was apprized that the Natives of Her
Majesty's Colonial Possessions are considered by my Lords to be
equally eligible to situations in the Customs, or other Public Depart-
ments, with the Natives of the United Kingdom, and that my Lords
would be prepared to pay every attention to any claims which may
be submitted to them, and recommended by the Colonial Governors ;
and that you will state to his Lordship that my Lords cannot there-
fore object to the communication which his Lordship is desirous of
making to the Governor of Newfoundland, neither are they aware
of any practical exclusion of the Colonists from employment in the
Customs Department.
But, with reference to the Letters now before my Lords, as well
as to the previous communication of 20th April. 1836, they do not
conceive that the Establishments of the Customs department in
the Colonies are in any respect to be viewed as purely local ; The
Officers of the Customs are not attached to any particular station,
the services of all Persons on that Establishment being available
GLENELG TO GIPPS. 673
in all parts of Her Majesty's Dominions, both at home and abroad; is3S.
and the duties, which they have to perform, have reference riot iSNqy.
alone to the collection of local Revenues, or the regulations of local Instnicli
trade, but to the more important object of the enforcement of the rgflnjnjfofa
Laws relating to Navigation and trade throughout the British vacancies
nonunions. in customs
The nature of those Duties and the prevention of the evasions establishments,
of those Laws, which are so frequently attempted, have moreover
been considered to render it so peculiarly essential in the appoint-
ment of Officers in that department to ensure, as far as possible, the
"exemption from local connexions and prejudices," adverted to in
your letter of Oth August last, as to have called for a specific re-
commendation on this point from the Commission of Inquiry, upon
whose Reports the existing Regulations of the department were
founded, and this object is always kept in view, even in appoint-
ments at the Out Ports of the United Kingdom.
On these considerations, it appears to my Lords that it is most
expedient that the appointments to the Customs Establishments
in the Colonies should not depend upon the local Authorities; altho'
my Lords will be at all times ready to attend to such recommenda-
tions as the Governors may make with a view to meet the wishes
and just expectations of the Inhabitants of the Colonies for em-
ployment in the Public Service.
It will also be proper that Mr. Miller, in the event of his appoint-
ment at Nova Scotia taking place, as well as other applicants for
a p| (ointments in the Customs departments similarly situated, should
be distinctly apprized that they are not by any means to consider
themselves permanently attached to one station; but, while they
are eligible for general promotion in the Customs Establishments,
they are also liable to be removed, as the arrangements of the
department may require, to any other station, either in the Colonies
or in the United Kingdom.
It further appears to my Lords to be advisable, with reference to
the same considerations, that the Governors of the Colonies, now
more immediately in question, should be reminded that, on any
vacancy occurring in the Customs Establishments, they are only
to make such temporary appointments as may be necessary for the
proper performance of the Duties of the department, and that they
should be apprized that, if the confirmation of any temporary
appointment, they may thus be called upon to make, is desirable
on the grounds to which you have adverted in your Letters, they
should lose no time in reporting the circumstances of the case, in
order that it may be brought under the consideration of my Lords'
Board. I am, &c,
A. Y. Spearman.
[Enclosure No. 3.]
Extract of letter from Mr. Stephen to Mr. Spearman, dated
Downing Street, 29th January, 1838.
Sir.
"The general question of appointments of Officers in the
Departments of Customs in the Colonies has been so recently and
so fully discussed between the Lords Commissioners and Lord
Glenelg that on the present occasion his Lordship would confine
himself to a single suggestion. It is that the Governor of each
Ser. I. Vol. XIX— 2 U
674
HISTORICAL RECORDS OF AUSTRALIA.
1838.
13 Nov.
Instructions
re filling of
vacancies
in customs
establishments
Colony should be in possession of Instructions for his guidance in
the contingency of any such Vacancy, which Instructions should
enable him to discriminate between appointments to which Resident
Colonists are eligible, and those to which they cannot be admitted.
In reference to the latter class of appointments, the Governor
should, if possible, be relieved from the responsibility of making
the provisional choice of a Successor by having in his possession
precise Orders as to the Selection to be made in any such event.
The effect would be to prevent the creation of fallacious hopes and
the consequent disappointment of the candidate chosen by the Gov-
ernor, with all the dissatisfaction on the part of that officer and the
public discontent, which is at present provoked by the Governor's
nomination being over-ruled."
[Enclosure No. 4.]
Extract of Treasury Letter, dated 9th April, 1838.
" I am directed further to request, with reference to the general
observations in your letter relating to the appointments to vacant
situations in the Customs Establishments in the Colonies, that you
will state to Lord Glenelg that the communications addressed to
you on the 21st December last relative to appointments in the
North American Colonies, and on the 16th November last relating
to the Customs department at Ceylon, will have put his Lordship
in possession of the views of this Board on that subject, and that
it only appears to my Lords to be necessary further to remark that
the Governors of Colonies, on such vacancies occurring, should only
provide for the temporary execution of the duties of the Office
which should be vacant ; and that the provision in question should
as far as possible be made by the employment of persons already
in the Department, and conversant with its peculiar duties and with
the Enactments relating to the Trade of the British Empire, such
temporary assistance as may be required being supplied in the
subordinate branches of the Department."
14 Nov.
Approval of
action re
female factory.
Lord Glenelg to Sir George Gipps.
(Despatch No. 243, per ship Asia.)
Sir, Downing Street, 14th November, 1838.
I have the honor to transmit to you, with reference to the
Correspondence which has passed on the subject of the Female
Factory at Parramatta, the enclosed Copy of a letter from the
Under Secretary of the Home Department, expressing' Lord
John Russell's satisfaction with the steps which you had taken
for the improvement of that Institution. I have, &c,
Glenelg.
[Enclosure.]
Mr. F. Maule to Under Secretary Stephen.
Sir. Whitehall, 12th Novr., 1838.
Having laid before Lord John Russell your letter of the
31st ultimo, with its enclosed copy of a despatch from the Governor
of New South Wales respecting the Female Factory at Parramatta ;
GIPPS TO GLENELG. 675
1 am directed to request you to convey to Lord Glenelg Lord 1838.
John Russell's satisfaction at learning the improvements that have 14 Nov-
been undertaken therein, together with his Lordship's opinion that
Sir George Gipps has shewn praiseworthy alertness in what he has
dour. I am, &c,
F. Maule.
Sir George Gipps to Lord Glenelg.
i Despatch No. 186, per ship Dryade; acknowledged by
marquess of Norma nhy. 5th July, 1839.)
My Lord, Government House, 14th Novr., 1838.
I have the honor to forward herewith an application from Proposed
Captain McLean, Principal Superintendent of Convicts in this saiaryTo^
Colony, that the salary of his 1st Clerk, Mr. Kyan, may be T- Re-
raised to that which was fixed as the salary of a 1st Class Clerk
for the different Departments of the Local Governnment by a
document which was transmitted to your Lordship by my Prede-
cessor, with his Despatch of the 5th Septr., 1837, No. 82, and of
which I now enclose a Printed Copy. Mr. Ryan performs his Testimony in
duties, I believe, in a zealous and able manner, and I feel bound T^Rvsm
to acknowledge that, if the Convict Establishment were a Colo-
nial one, its relative importance would entitle the Chief Clerk
of it to be ranked in the 1st Class. At the same time I think it
right to inform your Lordship that Mr. Ryan was once a Convict
himself.
I enclose, for your Lordship's information, a Comparative statement re
Statement of the salaries of the Clerks in the Convict Establish- derkstn0
ment on the 1st July, 1837, and the 1st Novr., 1838. The general con\^K
, -I'-ii • 11-it-i establishment.
rise m the salaries has been occasioned by the application to them
of the Colonial Regulations under the authority of Sir Richard
Bourke, dated the 28th July, 1837. The increase in the number
is occasioned by the increase of business, as reported in my Des-
patch of the 12th Sept. last, No. 142.
Mr. Rvan's salary is now £280 per annum, rising- to £300 : the Salary of
' T Rvin
effect of a compliance with Capt. McLean's recommendation will ' '
be to make it at once £300 with an increase of £20 per annum,
until it reaches £IfOO. I have, &c,
Geo. Gipps.
[Enclosure No. 1.]
Captain McLean to Sir George Gipps.
Sir. Prinl. Supt. of Convicts' Office. 5th October, 1838.
In transmitting to your Excellency the accompanying letter
from Mr. Ryan. Chief Clerk in my Office, soliciting to be placed on
the list of first Class Clerks, I have the honor to State in justice Testimony in
to him that, during the thirteen months of my holding Office, I *av£urof
have on all occasions received from him the greatest assistance in ' n'
676
HISTORICAL RECORDS OF AUSTRALIA.
1838.
14 .Nov.
Testimony in
favour of
T. Ryan.
Claim by
T. Ryan to re-
classification.
Status of clerks
in convict
establishment.
Increased
expenditure
and duties in
convict
establishment.
Request by
T. Ryan for
promotion to
first class of
clerks.
the discharge of my duties, and that he has faithfully and zealously
performed the arduous and multifarious duties allotted to him,
which his long experience of nearly 11 years standing in this Office
alone enabled him to do; and, as the Salaries of the Clerks in this
Office have gradually increased by the recommendation of the
Board appointed in the month of June, 1837, in the same ratio
as those of the Civil Establishments of the Colony, I conceive I am
bound to bring his claim to be placed in the class alluded to under
your Excellency's favorable notice, the more particularly so as I
have reason to believe that the Council at its present sittings have
sanctioned nearly all, if not the whole, of the Chief Clerks in the
Public Departments who are paid from the Colonial Funds being
placed in the First Class, few of whom if any. I take leave to say,
have a more reasonable claim to it than the individual in question.
It would indeed be a great hardship on the part of Mr. Ryan and
the Clerks generally in my Office, if they were not to be placed on
the same footing with the Clerks in the other Public Departments,
because they happen to be paid from a different fund, namely, the
Military Chest. It cannot be expected that Mr. Ryan (who has been
I understand nearly 22 years in the employ of the Government, both
in this Office and that of the Colonial Secretary) would content
himself with receiving a less Salary than others of a fewer years
standing, some of whom have I doubt the one third of the duties
to perform that he has.
I am aware that the expense of this Establishment has increase!
within the last year or two; but. let it be borne in mind that the
duties also have increased threefold at least, and that new duties
have been imposed upon it, which occasioned the appointment of
temporary Clerks; it is not therefore to be wondered at that
additional expense should follow as a matter of course, and that
those new duties must have thrown more labour and responsibility
on my Chief Clerk. Under these circumstances, I most earnestly
beg to recommend Mr. Ryan to your Excellency's favorable con-
sideration for the promotion he solicits, and to which he is in my
opinion in every respect fairly entitled, as the whole of his time is
exclusively devoted to the Duties of his Office.
I have, &c,
J. McLean, P.S.C.
1 Sub-enclosure.]
Mr. T. Ryan to Captain McLean.
Sir, Prinl. Supt. of Convicts' Office, 4th October, 1S38.
Having heard that the applications from all the Chief Clerks
in the Colonial Departments to be placed in the First Class have
been complied with, and approved of by the Council, and as no
reply has yet. been received to mine for promotion to that Class,
except a verbal one by yourself in February last that Colonel Snod-
grass then administering the Government had sanctioned my re-
quest, subject however to the confirmation of Sir George Gipps,
I now take the liberty to request that you will be pleased to solicit
His Excellency the Governor to grant the increase applied for by
me ; In thus urging my claim to this promotion. I take leave to say
that, previous to this Office being placed on the same scale of
Salaries with the Colonial Departments, Mr. Brenan, then Prin-
cipal Superintendent of Convicts, intended from my length of Ser-
vice and the great increase of my duties to recommend me for an
GLENELG TO GIPPS. 677
Increase of pay more than equal to the maximum Salary of the i838.
second Class, and which I have reason to believe before now I 14 Nov.
should have received, where it not for the alteration alluded to.
This however was put a stop to by the Regulations of the 2<>th .June.
is.'tT. coming into force, which placed the clerks In this Office upon
the same rate of Salaries with those of the Colonial Establishments,
and as I conceive giving me thereby the benefit of any increase
allowed by the Council to Chief Clerks paid from the Colonial
Revenue. I have therefore suffered by the change, which I respect- Comparison of
fully submit is a hardship that I should do so. when it is to be SJjSKn
considered that I perform in my own person the duties performed Tasmaniaand
hy the Muster Master at Ilobart Town, who receives a Salary of New South
t':>(H> per annum, in addition to which I do the duties of Chief Clerk Wales-
in this Office which is there held by a Gentleman at a Salary of
£200 a year, and also part of those done by the Chief Clerk under the
Colonial Secretary's Office at that place, so that in the Sister Colony
£500 is paid for the performance of duties which are allotted to me.
and I only at present receive a Salary of £280 a year. It ought
also to he borne in mind that there are not one fourth of the
number of Convicts in V. I >. Land that are in this Colony: besides
which in the Sister Colony the assignment of Convicts is conducted
by an Assignment Board, and no part of that duty devolved on the
Office of the Principal Superintendent of Convicts there; nor is the
responsibility of the Muster Master at all equal to that of my
situation, inasmuch as I receive on account of the Government for
the Clothing of newly arrived Convicts on their distribution a Sum
not less than £3,000 throughout the year.
In conclusion 1 beg to call your attention to the fact of my long
and I trust faithful Service in this Office and that of the Colonial
Secretary, now nearly 22 Years, as also my onerous and responsible
duties ; and I cherish the hope that upon consideration His Excel-
lency will not consider me undeserving of being promoted to the
First Class which has been extended, if I am rightly informed, to
all the Chief Clerks in the Service of the Government in this Colony.
I have, &c,
Thomas Ryan. Chief Clerk.
[Enclosure No. 2.]
[This was a printed govewment notice, dated 26th June. 1837.]
[Enclosure No. 3.]
[A copy of tliis comparative statement of the salaries of clerks is
not available]
Lord Glenelg to Sir George Gipps.
(Despatch No. 244, per ship Asia.)
Sir, Downing Street, 16th November, 1838. 16 Nov.
I have received your despatches, No. 67 of the 25th of Despatches
April, and No. 68 of the 27th of April, in which you inform me of acknowledsed-
a collision which had taken place shortly before your arrival be-
tween a party of the mounted Police under Major Nunn and a
678
HISTORICAL RECORDS OF AUSTRALIA.
1838.
16 Nov.
Prevention of
collisions
between
settlers and
aborigines.
Necessity for
thorough
inquiries.
Approval of
notice re
aborigines.
Despatch re
protectors of
aborigines.
tribe of the Natives, in which there was reason to suppose that
several of the latter had been killed, and of the measures which
you had taken in consequence.
As in accordance with the instructions contained in my des-
patch of the 26th of July, 1837, you had directed an investiga-
tion into the circumstances of this unfortunate transaction, I
abstain from any comment upon it until the result of that enquiry
has been ascertained. I will only observe that this event, and
those which are mentioned in the Postscript of your despatch of
the 27th of April, afford additional evidence of the necessity of
every possible precaution on the part of the Government to pre-
vent collision between the settlers and the native Tribes. No
means occur to me more likely to check the natural desire for
retaliation on the part of the natives than to impress them, if
possible, with the conviction that the laws of the Colony will be
equally administered for their protection from wrong and injury
as for that of the European settlers, and that, in every case of
injury to person or property, an examination equally rigid will
be instituted from whatever quarter the complaint may proceed;
and an equal degree of punishment will be inflicted on the delin-
quent, whatever be his race or origin or colour.
I am far from assuming that blame attached to Major Nunn,
or the party under his command, on the occasion of the collision
with the natives, which you have reported; but the more search-
ing and minute the enquiry into every such transaction and the
more complete the publicity given to that enquiry, the greater
will be the confidence in the vigourous and impartial protection
afforded by the law to the unoffending inhabitants of whatever
class, and the stronger will be the inducement to have recourse
to the constitutional authorities for redress.
I approve of the notice which, with the advice of the Council,
you proposed to issue on this subject, and of the intended re-
publication of the notice of the 16th of September, 1837. I am
not prepared to question the necessity, which in your opinion
existed for some delay in their publication; but I trust that that
delay will have been of very short duration, as it seems to me
important that the views and intentions of the Government on
this subject should be clearly and generally known.
My despatch of the 31st of January last, which you will have
probably received shortly after the date of your despatches to
which I am now replying, will have conveyed to you full instruc-
tions and authority relative to the appointment and duties of
Protectors of the Aborigines within the limits of your Gov-
ernment. I have, &c,
Glenelg.
GLENELG TO GIPPS. 679
Lord Glenelg to Sir George Gipps. -.i^8-
16 Mov.
(Despatch marked "Confidential," per ship Asia.)
Sir, Downing Street, 16th November, 1838.
I have received your Dispatch of the 1st May marked Despatch
"Confidential," with reference to several points of general in-
terest Connected with your Government. It has given me much
pleasure to learn that your reception has been of so gratifying a Reception of
nature, and I trust that further experience of your Administra- in'coionyPPb
tion will secure to you the esteem and confidence of the Great
body of the Inhabitants. Of the topics to which you have par-
ticularly adverted, that of the means of obtaining labour is one Demand for
of great importance. You are already to a certain extent in pos-
session of the views of Her Majesty's Government on this subject;
and I see no reason to doubt that Immigration will very soon
supply tin- Current demand for labour in the Colony. If, by the
sudden withdrawal of assigned Servants, you mean, as I presume,
the withdrawal from Assignment of the great body of Convicts Proposed
now giving their labour under that system, without adequate assignment
means having first been provided from which their place could be of convicts-
supplied, I can fully enter into the apprehensions which would
reasonably be entertained at such a proposal. This, however, is
not the plan in view, which involves the discontinuance of As-
signments in future, and also the supply of fresh labourers. The
reasons, urged against the discontinuance of future assignments,
ought not, I think, to prevail after a change in a system, which
is open to so many serious objections, and has so powerful a ten-
dency to defeat the great end of punishment. I cannot, there-
fore, lead you to expect that any Consideration will induce the
Government to adhere to it. Indeed measures are now in con-
templation, founded on the Report of the Committee* of the
House of Commons on Transportation for the discontinuance at
an early period of the Transportation of Convicts to New South
Wales; but they are not yet sufficiently matured to enable me to
communicate to you the final arrangements on this subject.
I am happy to find that so entire a coincidence of opinion exists Indian
between us on the question of Indian Immigration. I shall be immi^ratlon-
very glad if you have been able to send me your opinions on the Proposed
future Government in New South Wales in time to assist us in system of
the preparation of the Measure to be proposed to Parliament on government,
this subject. It is attended with many and unusual difficulties.
On the other subjects to which you have referred, my Public
Dispatches will already have communicated to you my sentiments.
I have, &c,
Glenelg.
* Note 20.
680
HISTORICAL RECORDS OF AUSTRALIA
1S3S.
16 Nov.
Allowance for
R.C. teacher.
Report re
claims of
K. Snodgrass
to extra
remuneration.
Consideration
by legislative
council.
Opinion of
council re
claims.
Lord Glenelg to Sir George Gipps.
(Despatch No. 245, per ship Asia.)
Sir, Downing Street, 16th November, 1838.
I have authorized the Agent General for New South Wales
to issue to Mr. Stallard, who has been selected as one of the
Roman Catholic Teachers for the Colony under your government,
the sum of £60 for his passage and outfit. I have, &c.,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 187, per ship Dryade; acknowledged by
marquess of Normanby, 10th June, 1839.)
My Lord, Government House, 16th Novr., 1838.
With reference to your Lordship's Despatch of the 22nd
April, 1837, No. 299, and the Treasury letter transmitted with
it of the 19th of the same month, on the subject of a Memorial
from Colonel Snodgrass, praying for remuneration for extra
duties performed by him in this Colony since the beginning of
the year 1829, I have the honor to acquaint your Lordship that
the claims of Colonel Snodgrass were submitted by me (at his
request) to the Legislative Council on the 4th Oct. last, and taken
into consideration by the Council on the 11th of the same month;
and I have further the honor to enclose, for your Lordship's in-
formation, a copy of the Resolution, which was adopted by the
Council on the occasion. Your Lordship will perceive by this
Resolution that the Council is of opinion that remuneration for
a greater part of these extra services should be made to Colonel
Snodgrass by the Home Government, and not by the Council or
out of Colonial funds; inasmuch as, if they had been paid for
at the time they were rendered, the charge would have fallen on
the Military Chest. That this would have been the case in
respect to the command of the Mounted Police is very certain,
for, though it has been since made a Colonial charge, it was,
when Colonel Snodgrass commanded it, paid for entirely out of
Home funds; and it is therefore obvious that, if Colonel Snod-
grass had brought forward his claim at the time and it had been
allowed, the remuneration for his extra duties would have been
made out of the Extraordinaries of the Army. The same is the
case with respect to the duties performed by Colonel Snodgrass
for the Ordnance Department, except in regard to the custody of
Merchants' Gunpowder, for which, as a Revenue was derived
from it by the Colony, the Legislative Council has expressed
a readiness to grant to Colonel Snodgrass an adequate re-
muneration. I have, &c,
Geo. Gipps.
GLENELG to GIPPS. 681
[Enclosure.] 1838.
16 Nov.
Resolution by Council.
mi i -m-i /v i. ui.ki Resolution by
Resolved. rhursday. 11th Oct., ISAs. legislative
That this Council express to His Excellency the Grovernor council^
their opinion that Colonel Snodgrass is entitled to special rehxuuera- k. snodgrass.
tion Cor duties not properly attaching to his appointment as Brigade
Major in Now South Wales, requesting at the same time it may be
intimated to the Lords of Her Majesty's Treasury that those ser-
vices were rendered at. a time, when the remuneration, which was
due to them, would chiefly have been chargeable upon the Military
Chest; and that, according to this view, a due proportion of the
remuneration recommended by Sir Richard Bourke should now be
derived from that Source, and the residue only from Colonial funds.
Lord Glenelg to Sir George Gipps.
(Despatch No. 246, per ship Asia.)
Sir, Downing' Street, 17th November, 1838. it Nov.
I transmit to you, for your information and guidance, Transmission
the inclosed Copy of a Dispatch, which I have addressed to Sir °
John Franklin with respect to the cognizance of Ecclesiastical
Offences by the Clergy of the respective Denominations in New
South Wales and Van Diemen's Land. I have, &c,
Glenelg.
[ Enclosure. 1
Lord Glenelg to Sir John Franklin.
Sir. Downing Street. 17th November. 1838.
I have received your despatch No. 137 of the 23d of December Instructions re
last, on the subject of the controversy which had arisen respecting co«»izanee of
certain school returns from St. David's parish, of which the Revd. offences^of0 '
Mr. Bedford is the Minister. I have also received a letter, dated clergy,
the 12th of December from the Bishop of Australia on the same
subject, asserting the right of the clergy to be judged for ecclesias-
tical offences by their proper ecclesiastical superior. On this ques-
tion of right as raised by the Bishop, I did not feel myself com-
petent to offer a decided opinion, and I therefore referred the lettei
of the Bishop to the Queen's Advocate for his report on the claim
which it preferred. I enclose for your information a copy of that
report, and I have to request that, you will communicate it to the
Bishop. At the same time I am perfectly prepared in the case of
Mr. Bedford to concur in the opinion, which you have expressed
and in the recommendation of the Council, that the case should
be left to the decision of the Bishop. I must however observe that
the question appears to have been originally brought under the
notice of the Lieutenant Governor and Council by the Rural Dean
himself.
Her Majesty's Government are anxious that the local Govern-
ment should interfere as little as possible with the affairs of any
church or denomination of Christians within the Colony, and one
682
HISTORICAL RECORDS OF AUSTRALIA.
1838.
17 Nov.
Instructions re
cognizance of
ecclesiastical
offences of
clergy.
Legal opinion
re jurisdiction
over offences
of clergy.
great advantage, which they contemplated in the erection of the
see of Australia, was the existence of a competent authority on the
spot, by whom all complaints against the clergy of the Church of
England for breach of ecclesiastical discipline, or neglect of duty,
might be promptly investigated and decided on.
I may take this opportunity of stating that the same practice
ought to be observed with regard to the other denominations of
Christians in the Colony, subject to a competent ecclesiastical
authority besides on members of their own church.
It will of course be understood that this practice will not involve
the admission of the right of the clergy of any denomination to an
exemption from the ordinary temporal jurisdiction to which they
are legally amenable. I have. &c.
Glenelg.
[Sub-enclosure.]
Mr. J. Dodson to Lord Glenelg.
My Lord, Doctors' Commons, 9th November, 183S.
I am honored with your Lordship's commands, signified in
your Lordship's letter of the 3rd of September last, transmitting
a copy of a letter, which has been received from the Bishop of
Australia on the subject of a claim, which he has advanced to
exercise a jurisdiction over the clergy of his diocese in ecclesias-
tical matters to the exclusion of all interference on the part of the
Executive Government ; and requesting that I would report to your
Lordship my opinion whether the claim set forth by the Bishop
is consistent with the ecclesiastical law of England.
In obedience to your Lordship's commands. I have taken the
subject into consideration, and have the honor to report that, by
the Law of England, the clergy are amenable to the temporal
Courts for offences of the kind mentioned by the Bishop of Aus-
tralia in his Letter to your Lordship, and consequently that the
claim preferred by him of exempting his clergy from such jurisdic-
tion is untenable.
I have, &c,
J. Dodson.
21 Nov.
Allowance for
passage of
Presbyterian
schoolmaster.
Lord Glenelg to Sir George Gipps.
(Despatch No. 247, per ship Asia.)
Sir, Downing Street, 21st November, 1838.
I have the honor to transmit to you the Copy of a letter,
which was addressed by my directions to Principal Macfarlan on
the 14th of August last, respecting the passage to New South
Wales of Mr. Milligan, a Schoolmaster on board the " James
Moran," Emigrant Ship.
As Mr. Milligan has not yet received any allowance to defray
the expenses of his passage, I authorise you to issue to him the
Sum of Sixty pounds for that purpose. I have, &c,
Glenelg.
GIPPS TO GLENELG. 683
[Enclosure.] 1838.
L 21 Nov.
Sir George Grey to Kevd. Principal Macfarlav
sir. Dawning street. 14th August, 1838.
1 .-nil directed by Lord Glenelg to acknowledge the receipt Allowance for
of your letter of the 8th [nstant, recommending Mr. Milligan for ^^StCTian
a passage to Australia as a schoolmaster to go with the first ship schoolmaster.
from Greenock with Emigrants.
I am to acquaint you in reply that His Lordship is prepared
to allow a passage to -Mr. Milligan in an Emigranl ship from Scot-
land on the understanding that he is t.. give his gratuitous services
as schoolmaster on board the ship during her passage to Xew
South Wales. Instructions to this effect have been uiven by Lord
Glenelg to Mr. Elliot, the chief Agent tor Emigration, to whom any
further communication on the subject should be addressed. I am
however distinctly to apprize you that Mr. Milligan cannot receive
any further remuneration than a free passage, and that, on bis
arrival in the Colony, he must trust to his own resources, and not
look to Her Majesty's Government for future employment and
maintenance. I have, &c.
Geo. Grkv.
Sir George Gipps to Lord Glenelg.
(Despatch No. 189. per ship Dryade.)
My Lord, Government House, 22 Xovr., 1838. 22Nov-
In my Despatch of the 29th Sept. last, Xo. 153, I reported
to your Lordship that two Government Emigrant Ships, the
" Palmyra " and the k> William Roger," had been placed in Quar-
antine, and in a Postscript to the same, written on the 6th Oct.,
I announced that both had been released. I am now sorry to have ship wuuam
to report that, within two days after that Postscript was written, J^grants
and before the " William Roger " could get up from the Quaran- again
tine ground to Sydney, the fever broke out again in her with re-
newed violence, no less than sixteen persons being attacked by it
in one day. The vessel was immediately ordered back to the
Quarantine Station, and the Emigrants landed. The sickness and
mortality among them has been I am sorry to say unexampled,
no fewer than 140 persons having been attacked with typhus of sickness and
the most malignant kind, and which in 25 cases has proved fatal, ^rnongst3
Twelve deaths have also occurred from other causes, making the lmrr"grants.
mortality from the 6th Oct. to the present day 11 men, 15 women
and 11 Children, or 37 in all. Two Naval Surgeons, in whose
skill, discretion and good management I had reason to place
reliance, Dr. Lawrence and Mr. Dobie, were ordered to the as- Medical officers
sistance of the sick, immediately on their being placed in Quaran- station,
tine, in addition to the Surgeon of the Vessel Mr. Rcid. Dr.
Lawrence and Mr. Reid have had charge of the Hospital or
Lazaretto and Mr. Dobie of persons not actually suffering under
HISTORICAL RECORDS OF AUSTRALIA.
1838.
22 Nov.
the disease. Supplies of every sort have been afforded them in
the greatest abundance by this Government; nevertheless the
fever, after a lapse of more than seven weeks, though abated, is
not subdued, two new cases having occurred within the last three
days. The number of sick is at present 25, and of convalescents
119. The disease is, as I have already said, Typhus fever of the
most malignant kind.
I have still further with sorrow to inform you Lordship that
we have had occasion also to place in Quarantine the ship " Mait-
land," which arrived here on the 6th Inst, with Government Emi-
grants from Gravesend, after a voyage of 134 days. The Build-
ings at the Quarantine ground being all occupied by the people
of the " William Roger," it has been necessary to place the Emi-
grants by the " Maitland " under canyas, with the exception of
those actually sick, for whom a temporary wooden Hospital has
been erected. The number of deaths on board the " Maitland "
was 35, Six of whom were adults, and 29 children. The cases
of disease entered on the Surgeon's Books were no less than 286 ;
but in this number the same individuals may in some cases have
been reckoned more than once. Two women and two children
have died since their arrival, and the present number of sick
is 13. Scarlet fever was the first disease that broke out among
them, but various others afterwards made their appearance.
As soon as these ships are released from Quarantine, I shall
institute a strict enquiry, in order to ascertain if possible the
cause why sickness has been so much greater in the present year
on board Government vessels than those engaged on the same
business by private individuals. At present I am utterly unable
to account for it; it is suggested that it may be in consequence
of the greater number of children embarked in them, or that the
Emigrants are in a worse state of health when put on board, or
that, being taken from a poorer class of society, they are less pre-
pared with necessaries for the voyage.
The "Maitland" is said to have arrived in a very dirty state;
hut whether this was the fault of the Surgeon Superintendent,
I am as yet unable to say. A talent for managing men, and
gaining by easy means an influence over them, is no less necessary
in a Surgeon selected to bring out Emigrants than Medical
skill; indeed I should say it is more necessary. I have some
reason to fear that a sufficient degree of control has not in some
cases been exercised over Emigrants, in the essential particulars
of forcing them to go on deck in fair weather, and to keep them-
selves clean at all seasons. The necessity of paying implicit
obedience to the orders of the Surgeons in health, as well as in
sickness, should I think be impressed on the Emigrants, at the
GIPPS TO GLENELG. 685
time when they are promised a passage; and it should be ex- 9J8J8,
plained to them, that they will forfeit all claim to the care or
protection of this Government on their arrival, if they miscon-
duct themselves in any respect during their voyage.
I have, &c,
Geo. Gipps.
Sir George Gipps to Lord Glenelg.
(Despatch No. 1!R>. per ship Dryade.)
My Lord, Government House, 24th November, 1838. 24 Nov.
With reference to my Despatch of the 19th July last,
No. 113, respecting the Pardons which have at various times
been transmitted for persons convicted of Machine Breaking,
I beg to report to your Lordship that further enquiry has almost Possible loss of
confirmed me in the opinion that a Warrant containing Two liun- pardon of
dred and sixty four Pardons must by some mischance have been convicts.
lost in the year 1835. In order to elucidate this matter, I enclose
a Copy of a Memorandum, which has been drawn up on this
subject and which contains all the information I can collect.
I have, &c,
Geo. Gipps.
[Enclosure.]
Memorandum.
Prisoners transported for Machine Breaking and other Riotous statement re
Conduct. convicts
Number originally transported by the " Eleanor " 133 fj? machine-
Pardoned by Warrant dated 16 June, 1836 1 breaking and
Ditto Ditto 1 October, 1836 45 "otous conduct.
Ditto Ditto 13 October, 1837 00
Mentioned in Despatch No. 19 of 9th November, 1837,
as having been Pardoned, but for whom no War-
rant has been received 3
Not yet pardoned, That is, not included in any War-
rant received, being however all free by
Servitude 25
134
Included in Warrant of 13th October, 1837, but before
Pardoned by Warrant of 10 June, 1830 1
Total Number Embarked 133
With the exception of five of these who have been considered
unworthy of Indulgence from their Colonial Offences, all the others
have been set at liberty.
There has been some mistake in the Despatch No. 37 of 10th
August, 1835. It alludes to the Prisoners, transported in 1830 and
1831 for Machine Breaking, but encloses a Warrant for Eighteen
Men transported in 1820 for High Treason. It looks as if a Blank
had been left in the Despatch for the number of Convicts to be
686
HISTORICAL RECORDS OF AUSTRALIA.
1838.
24 Nov.
Statement re
convicts
transported
for machine-
breaking and
riotous conduct.
pardoned and afterwards filled in by a wrong Number, and that a
Warrant was enclosed different from that originally intended. This
Despatch probably should have forwarded the Warrant for the two
Hundred and Sixty four Men alluded to in that of 10th November,
1837, No. 10, and the Warrant received in it ought to have accom-
panied a Separate Despatch.
As it is, the Warrant for the Two Hundred and sixty four has
never been received, and consequently many Men may Still be
Serving under Sentence, who ought to have been Set at liberty ; and
it appears very probable that the four Petitioners (Jacob Wiltshire,
David Payne, Charles Hayter, and Robert Cook) may have been
included in it, although they only arrived here by the " Captain
Cook " in 1833. as they were tried and Convicted at the same time
and for the Same Offence as the Men by the " Eleanor,'" who arrived
in 1831.
It is not known at Hyde Park Barracks that any others have
been transported to New South Wales for Machine Breaking.
Taking the number of One hundred and thirty three, who arrived
by the " Eleanor " from the number mentioned as being pardoned
by the Missing Warrant (of 264), there will still be One Hundred
and thirty one to be set at liberty, whose Names are not known
here ; but yet so great a Number could hardly have been transported
for Machine Breaking without its being known at the Principal
Superintendent of Convicts' Office.
Colonial Secretary's Office. Sydney. 24th November, 1838.
27 Nov.
Despatches
acknowledged.
Decision
deferred re
medical
officers.
Lord Glenelg to Sir George Gipps.
(Despatch No. 248, per ship Asia.)
Sir, Downing Street, 27th November, 1838.
I have received your despatches, Nos. 65 and 66 of the
23rd and 24th of April last, relative to the state of the Medical
Department in New South Wales.
These despatches however were only received in Duplicate on
the 17th Instant, the originals not yet having reached this De-
partment. As the Duplicate of No. 65 is deficient in one of its
most important enclosures, viz., the representation of the six
medical officers, who have resigned their appointments, I have
been obliged to defer taking the subject into my final con-
sideration. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 101, per ship Florentia.)
28 Nov. My Lord, Government House, 28th Novr., 1838.
r.c. clergy With reference to my Despatch of the 7th April last,
isLand°Notfolk No. 54, I have the honor to report to your Lordship that two
Roman Catholic Clergymen, the Revd. Mr. McEncroe and the
GLENELG TO GIPPS. G87
Revd. Mr. Gregory, were sent by their Bishop (Dr. Polding) to ^1838.
Norfolk [sland in the Government Vessel, which sailed from
Sydney on the 19th August last. I have sanctioned the issue of
Rations to both Clergymen, as well as to Mr. Harding the Cate- Rations and
chist, mentioned in my former Despatch; but it is distinctly
understood that they are to have among them no more than the
Salary of £150 authorised by your Lordship's Despatch of the
2nd Oct., 1837, No. 380. I have, &c,
Geo. Gipps.
Lord Glenelg to Sin George Gipps.
(A circular despatch per ship Asia.)
Sir. Downing Street, 29th Novr., 1838. 29 Nov.
1 transmit to you a copy of a work* lately published by Transmission of
Lieutenant Colonel Eeid, of the Royal Engineers, entitled " the book on storms-
Law of Storms " ; the object of the work is to develope, with a
view to practical uses in Navigation, the Laws by which Storms
and variable winds are governed. In order to make an enquiry
of this nature truly useful, it is essential that the facts connected Necessity for
collection of
with such Phenomena should be collected and arranged over an observations.
extended surface, and that accurate records of them should be
kept by persons, whose education and scientific or professional
avocations enable them to estimate the value of such records.
It has been suggested to me that such records could be most
easily obtained, and the enquiries, on which Colonel Reid has
entered, be most advantageously followed up, by inviting the Persons
cooperation of Captains of Ports, Masters of Lighthouses, Har- con^Tiing01
hour Masters, and others whose professional pursuits naturally observations.,
lead to the observation of Atmospheric Phenomena.
A perusal of the enclosed work will convince you of the interest
and importance of this enquiry, and I feel assured that you will
be anxious to do all in your power for its promotion.
I would therefore request you to communicate with such
Officers or private individuals in the Colony under your Govern-
ment, as may appear to you best qualified to furnish information
on the subject, pointing out to them the service which they would
render to science by keeping Journals of such Phenomena as may
come under their respective observations.
The form in which such Journals should be kept is suggested
in the Memorandum herewith enclosed.
If you should succeed in setting on foot a system of observa-
tion, you will have the goodness to transmit to Her Majesty's
* Note 122.
688
HISTORICAL RECORDS OF AUSTRALIA.
1838.
29 Nov.
Government half yearly an abstract of the Journals at your
command, and I would suggest that you should endeavour as
much as possible to obtain authentic information of the same
nature from the Foreign Countries in your neighbourhood.
I request to be informed of the measures, which you may adopt
for carrying this Instruction into effect. I have, &c,
Glenelg.
Memorandum
re records of
meteorological
observations.
[Enclosure.]
Memorandum respecting the Eecords to be kept of the state of the
Weather, in the British Colonies.
The Captains of Ports, Harbour Masters, and Keepers of Light-
houses, or, where those Offices do not exist, some other competent
Public Functionary, should be required to keep Journals of the
Weather on the principle of the Log-books of Ships.
A Column should be specially reserved for inserting the Height
of the Barometer.
LTnder the head of " Remarks " should be entered all Meteoro-
logical observations considered worthy of particular notice.
When the keeper of a Journal may hear that a Vessel has encoun-
tered a Storm, he will enter in it any information on the subject,
which he can rely on, together with the name of the Ship, of her
Owner, and of the Port to which she may belong.
With the view of tracing the course of Storms, the Trinity
Board of London have given directions for the adoption of measures
to obtain a more accurate Record of the state of the Weather
than has hitherto been kept at the Lighthouses of Great Britain
and Ireland.
The Keepers of these Lights having the opportunity of taking
their observations by Night as well as by Day. great advantage may
be derived from employing them in this manner. Officers in charge
of Colonial Lighthouses should be instructed to keep similar
Journals. In noting the Wind's force both in the Harbour Master's
Journals, and in the Light-house Reports, it is desirable that the
Officers should adopt the Numbers for noting the strength of the
Wind now in use at Greenwich Observatory, and about to be intro-
duced at the Lighthouses under the Trinity Board.
In the cases of St. Helena and Assensions, it is desirable that
more precise information should be obtained by observation re-
specting the " Rollers " at those Islands. As the object of H.M.
Government in instituting these enquiries is the advancement of
knowledge on science generally, the Governors of the several
British Colonies will consider how far it may be in their power
to obtain useful information bearing on the subject from Countries
adjoining to their Governments in the possession of Foreign Powers,
or how far it may be useful to the study of Meteorology to ex-
change the Observations made within their Governments for those
of other Countries in the neighbourhood.
If at any time desired, there would be no objection to the pub-
lication in the Colonial Newspapers of Extracts from the Journals.
GLENELG TO GIPPS. 689
Lord Glenelg to Sir George Gipps. is38.
<A circular despatch per ship Asia: acknowledged by
Sir George Gipps, 21st December, L839.)
Sir, Downing Street, 30th Novr., 1838.
The Lords Commissioners of the Admiralty have applied Return
to me for returns of the number of Seamen and Marines sent to JSmen ami
Colonial Hospitals between the years 1830 and 1836, both inclu- marines
Bive, with a view to the preparation oi certain btatistical hospitals.
Accounts of the Department of the Physician General of the
Navy. I have therefore to request that, as far as lies in your
power, you will supply me with the information required by their
Lordships in respect to the Colony under your Government.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 250. per ship Asia.)
Sir, Downing Street, 1st December, 1838. i Dec
With reference to former correspondence, I have the honor Transmission
to transmit to you a copy of a letter, which I have received from w?Muir.fr0m
the Moderator of the General Assembly of the Church of Scotland
with an Extract from the Minutes of a Commission of the
Assembly. I have, &c,
Glenelg.
[Enclosure.]
Moderator Muir to Lord Glenelg.
My Lord, Edinburgh, 23rd November, 1838.
As Moderator of the General Assembly and having presided Thanks for
at the Assembly's Commission held on Wednesday last, I have the action by
honor to transmit to your Lordship an Extract from the Minutes of f^SsnTin
that Day's Sederunt, containing the Commission's grateful acknow- Presbyterian
ledgements on the subject of the late salutary interference by the church.
Government in regard to the Scottish Ecclesiastical Affairs in New
South Wales.
And I beg leave to transmit the said Extract with all respects.
I have, &c,
William Muir.
[Sub-enclosure.]
At Edinburgh, the twenty first day of November, Eighteen
hundred and Thirty eight.
Which day the Commission of the General Assembly of the Church
of Scotland being met and constituted, the Moderator laid on the
table a communication from Lord Glenelg, Principal Secretary of
State for the Colonial Department, with which the Commission
unanimously expressed their high satisfaction and requested the
Moderator to transmit a copy of this minute to Lord Glenelg in a
letter conveying the thanks of the Commission for the steps, which
Ser. I. Vol. XIX— 2 X
690
HISTORICAL RECORDS OF AUSTRALIA.
1838. Lis Lordship has taken in this matter. The Commission renewed
i Dec. the Committee named by the former diet in August with powers
to watch over the interest of the Church in this Colony and to
adopt in conformity with the former deliverance, such measures
as the exigencies of the case may require.
Extracted from the Records of the Commission of the General
Assembly of the Church of Scotland upon this and the preceding
page by John Lees.
British consul
to be appointed
in New
Zealand.
Abolition of
office of British
resident.
Employment
for J. Busbv.
Request for
ships of war
to visit New
Zealand.
Lord Glenelg to Sir George Gipps.
(Despatch No. 251, per ship Asia.)
Sir. Downing Street, 1st December,. 1838.
With reference to former correspondence on the subject
of the state of New Zealand, I have to acquaint you that it is the
intention of Her Majesty's Government to appoint an Officer,
who will be vested with the powers, and will assume the character
of British Consul at New Zealand.
I hope very shortly to be able to communicate to you the selec-
tion of the Officer for this appointment.
In the meantime, I have to request that you will acquaint Mr.
Busby of the intended arrangement.
He will have been in some measure prepared for a discontinu-
ance of his present office by the intimation contained in my
dispatch addressed to your Predecessor of the 28th October, 183-5,
No. 65.
I trust that you may have an opportunity, should he desire
it, of employing him in some suitable office under your Gov-
ernment.
I transmit, for your information, copies of a correspondence
between this Department and the Board of Admiralty relative
to the more frequent visitation of New Zealand by one of Her
Majesty's Ships of War on the Eastern Station.
I have, &c,
Glenelg.
[Enclosure No. 1.]
Under Secretary Stephen to Mr. C. Wood.
Sir, Downing Street, 15th August, 1838.
I am directed by Lord Glenelg to request that you will state
to the Lords Commissioners of the Admiralty that, as Her Ma-
jesty's Ship " Herald " is about to be dispatched to the East Indian
Station, his Lordship is anxious that instructions may be given to
the. Commander in Chief of Her Majesty's Naval Forces on that
station, that the Islands of New Zealand may be visited as fre-
quently as possible by one of Her Majesty's Ships.
In the present state of those Islands, his Lordship considers that
instructions of this nature are absolutely necessary for the safety of
GIPPS TO GLENELG. 691
British subjects, who arc in the habit of resorting there in con- 1838.
siderable numbers, and for the protection of the natives from in- 1 Dec.
jury ami aggression on the part of British subjects.
With a view to this object. Lord Glenelg would recommend that
the Officers in command of any of Her Majesty's Ships employed on
this service should be directed to place themselves in communica-
tion with the Governor of New South Wales and with the Resident
Agent at New Zealand. I am. &c,
J as. Stephen.
| Enclosure No. 2.]
Sir John Barrow to Under Secretary Stephen.
Sir. Admiralty, loth August, 1838.
With reference to your Letter of this day's date, conveying instructions
the wish of Lord Glenelg that instructions may be given to the issued.
Commander in Chief of Her Majesty's Naval Forces on the East
India Station that the Islands of New Zealand may be visited as
frequently as possible by one of Her Majesty's Ships. I am com-
manded by my Lords Commissioners of the Admiralty to acquaint
you for Lord Glenelg's information that a copy of your letter has
been sent to Hear Admiral Sir .7. L. Maitland with directions to him
to give orders to this effect. I am. &c.
John Barrow.
Lord Glenelg to Sir George Gipps.
(Despatch No. 252. per ship Asia.)
Sir, Downing Street, 3rd December, 1838. 3 Dec.
I have received your dispatch No. 112 of the 18th July, Resolutions
transmitting a copy of Resolutions* adopted by the Legislative ^y council to
Council of New South Wales on the subject of Transportation house of
and Assignment, and I have to inform you that, in compliance commons-
with the wish of the Council, the usual measures will be taken
for laying them before both Houses of Parliament early in the
ensuing Session. I have, &c,
Glexelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 193. per ship Florentia.)
My Lord, Government House, 3rd Deer., 1838.
Agreeably to the Instructions contained in vour Lord- Transmission
ship's Circular of the 17th April, 1838, and to the orders of the rlufS °f
House of Commons of the 3rd of the same month, I have the establish™ents.
honor to forward herewith, " A Return of the Religious Estab-
lishments of all denominations in the Colony of Xew South
Wales, together with the expences of the same paid out of the
Local Treasury." I have, &c,
Geo. Gipps.
[Enclosure.!
[A copy of this return will be found in a volume in series VII.]
* Note 100.
692
HISTORICAL RECORDS OF AUSTRALIA.
1838.
4 Dec.
Despatch
acknowledged.
Negotiations
with Revd.
J. D. Lang re
immigrants
■per ship
Midlothian.
Disapproval
of settlement
of immigrants
on land.
8 Dec.
Transmission
of letter. from
C. Hanmer.
Lord Glenelg to Sir George Gipps.
(Despatch No. 253, per ship Asia.)
Sir, Downing Street, 4th December, 1838.
I have received your dispatch No. 114 of the 20th July-
last on the subject of the disposal of a number of Emigrants
from the Highlands of Scotland, who had arrived in New South
Wales in December, 1837, by the ship Midlothian.
On referring to the correspondence which took place between
Dr. Lang, to which reference is made in your dispatch, I am
clearly of opinion that it contained nothing to warrant the infer-
ence that these Emigrants were to be considered as on a dif-
ferent footing from others, the expense of whose passage is
defrayed from the funds applicable to emigration.
It was suggested by Dr. Lang that, as on the ground of their
speaking the Gaelic language they would if dispersed over the
whole Colony be placed in great measure beyond the reach of
religious instruction, arrangements should be made for their
settlement in the same part of the Country, which Dr. Lang
stated on his own knowledge to be quite practicable owing to
the great and general demand for labour in the Colony. Such a
proposition appeared to me well deserving of consideration, but
I certainly never understood it to involve the settlement of the
Emigrants by the Government as Occupiers of Land on their
own account, and the allusion in Dr. Lang's letter to the general
demand for labour negatived the presumption that such was his
intention.
I could not have given my sanction to a proposal by which
the condition of these people on their arrival was to be changed
from that of Labourers to Occupiers of Land by the act of the
Government independently of their own resources and industry.
Of the Circular letter written by Dr. Lang to these Emigrants
prior to their embarkation, I was entirely ignorant, before the
receipt of your dispatch. I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 255, per ship Asia; acknowledged by
Sir George Gipps, 20th June, 1839.)
Sir, Downing Street, 8th December, 1838.
I beg to enclose a copy of a letter, which I have received
from Mrs. C. Hanmer, and to request that, if her Husband should
be known to you to be resident within the Colony under your
Government, you will enable me to furnish her with his address,
and any further information respecting his position.
I have, &c,
Glenelg.
GLENELG TO GIPPS. 693
[Enclosure.] 1838.
8 Dec.
Mi;>. C. II LNMEB TO UNDER SECRETARY OF STATE.
Sir. L8th Novr., 1838.
1 have taken the liberty of addressing you. my husband being Request for
sent by his friends to Australia 4 years since, but they have kept jjjjjjjjjjflj? *
him from me these '*> years past through their disapprobation of c. Hanmer.
his marrying me, their only reason being that I had no fortune; he
left me without any provision being made for me and a child to
provide for and myself in a delicate state of health: my child is
lately dead, and his friends have even objected to pay his funeral
expenses. There has been a little money left me by my friends,
and I cannot receive it without his signature, which they will not
provide me with, altho* they know his address, or render me any
assistance whatever, although they know I have only what I work
hard for. and not equal to work through their ill usage and fretting.
If you would have the kindness t«» render me any assistance in
finding my Husband. I should feel truly grateful, as I have lost all
claim of protecting myself through my marriage, and my. situation
is truly pitiful. His father is on half pay from Government, his
name is Captain Hanmer. late Barrack master of Nottingham, and
is living now7 at 17 Horkland St., Manchester. His friends have
refused to give me his address ; but, if you could by your influence
obtain it of his Father, and if unsuccessful you could render me
any assistance in finding him out abroad. I should feel very thank-
ful, as what I could obtain would set me up in a small way of
business: as I am a stranger in London, without, any friends of
my own, renders my situation more unpleasant, therefore I trust to
your humanity to do what you can in my behalf.
I remain, &c,
5S King St., Golden Square. Catherine Hanmer.
Lord Glenelg to Sir George Gipps.
(Despatch No. 257, per ship Asia.)
Sir, Downing Street, 8th December, 1838.
The undermentioned Gentlemen having been recommended Appointment
to me by the Society for the Propagation of the Gospel, and church^/01
having been approved of by the Bishop of London, I have, in England,
pursuance of the application forwarded in Colonel Snodgrass's
despatch Xo. 13 of the 13th of January last, sanctioned their
appointment to the Ecclesiastical Establishment of New South
Wales; and have authorized the Colonial Agent General to issue
to them the usual allowance for outfit and passage on their pro-
ducing to him the usual certificate of their having engaged their
passage to the Colony.
The Revd. Nugent Wade; The Revd. W. B. Clarke; The
Revd. Charles Spencer; The Revd. R. T. Bolton; The
Revd. John Morse. I have, &c,
Glenelg.
694
HISTORICAL RECORDS OF AUSTRALIA.
1838.
8 Dec.
Leave of
absence
granted to
C. M. Lewi
Arrangements
for payment
of half salarv.
Arrangements
nullified by
sale of
schooner
Isabella.
Advance to
C. M. Lewis.
Possible
gratuity due to
C. M. Lewis.
Sir George Gipps to Lord Glenelg.
(Despatch No. 195, per ship Florentia; acknowledged by
marquess of Normanby.. 22nd June, 1839.)
My Lord, Government House, 8th Deer., 1838.
On the 19th Jany. last, permission was given by the late
Acting Governor to Mr. C. M, Lewis, Master of the Government
vessel called the " Governor Phillip," to return to England for
18 months, receiving the half of his salary during his absence,
on condition of his duty being performed without any additional
expence to the Public. There were at that time two Government
Vessels employed for Convict Services between Sydney and the
Penal Settlements of Norfolk Island and Moreton Bay, one the
above named " Governor Phillip," the other the " Isabella " ; and
to facilitate the arrangement by which Mr. Lewis was to have
his half salary, an exchange was allowed between the Masters of
these two vessels, Mr. Boyle from the " Isabella " being put to
command the " Governor Phillip," and Mr. Lewis borne during
his leave of absence on the books of the " Isabella," the Mate of
which vessel consented to do his duty for half of the usual salary.
These arrangements, which were all made before I assumed the
Government, have been rendered inoperative by the discontinu-
ance of the " Isabella " in the service of Government. The reduc-
tion of the Establishment at Moreton Bay and the intended
abandonment of it as a Penal station have enabled me to dispense
with the services of this vessel; she was accordingly, on the re-
commendation of the Commissary General, sold by my order on
the 15th Augt. last, and all her Crew paid off; consequently there
is no service, to which the further half salary of Mr. Lewis can
be charged. The full pay of Mr. Lewis was £12 a month; and,
as he wished on leaving the Colony to make a provision for his
wife during his absence, he received £54 in advance, which was
calculated as half salary for nine months. He will most likely
apply to Mr. Barnard for a further advance at the expiration of
the nine months, and it is therefore that I think it right to report
the circumstance to your Lordship.
Mr. Lewis has been between five and six years in the employ-
ment of Government, and his salary was paid out of Convict (not
Colonial) funds. I doubt, however, whether he comes within the
class of officers who are entitled to claim gratuity on reduction;
but, should the 18 months' half salary be considered in the light
of a gratuity, the amount of it will be only £108.
Your Lordship may remember that Mr. Lewis was recom-
mended by Sir Richard Bourke for a gratuity of £300 for services
performed whilst in search of persons wrecked in the " Charles
GIPPS TO GLENELG. 695
Baton"; for reasons however, which are explained id my Des- 188&
patch of fche 25th Sept. last. X.>. L49, he is not likely ever toget
this money, and perhaps his disappointment may be taken into
consideration in the disposal of his case I have, &c,
I ii 50. GlPPS.
Lord Glenelg to Sik Geojige Gipps.
i Despatch No. 258, per ship Asia.)
Sir. Downing Street, 10th December, 1838. 10 Dec.
I have received vonr dispatch No. Ill of the 17th July Despatch
i ... . . T . -. .- acknowledged.
last, with the Petition therein enclosed from Air. John Murray,
addressed to His late Majesty, praying- for a grant of land in
consideration of his services in the Army; And I have to request
that you will acquaint the Memorialist that I feel myself unable Refusal of
to advise Her Majesty to comply with the prayer of the Petition J'turi?/0'
in opposition to the general regulations, to the observance of
whieh the Government are pledged. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 196, per ship Florentia.)
Aly Lord, Government House, 10th Deer., 1838.
With my Despatch of the 14th Novr. last No. 186, I had Former
the honor to forward to your Lordship an application from Cap- g^Ssof '*
tain McLean, Principal Superintendent of Convicts, to have T- Ryan-
Mr. Ryan, his head Clerk, put upon the footing of a 1st Class
Clerk in the Colonial Service of New South Wales, the effect of
which would be to raise his pay immediately to £300 and ulti-
mately to £400 a year.
Your Lordship will have perceived that I very feebly supported
Capt. McLean's recommendation; and I now beg leave to state Objections to
that I wish to withdraw even that feeble support in consequence app M
of circumstances, which may possibly be brought under the notice
of the Lords of the Treasury in the Audit of the accounts of the
Convict Department. Mr. Ryan, being entrusted to superintend criticism of
the preparation of Returns for Parliament, which are to be submitted by
made by the junior Clerks at extra hours (as reported by me to T- Ryan-
your Lordship in my Despatches of the 8th Novr. last, Nos. 181
and 182) has returned some of those Clerks for from 250 to 300
extra hours in a month of 30 days, their ordinary labor for the
same month being 182 hours only. I believe it to be quite beyond
the physical power of any number of men to work between 16 and
696
HISTORICAL RECORDS OF AUSTRALIA.
1838.
10 Dec.
Disallowance
of charge.
17 hours a day for a continuance, and therefore that, even if
these gentlemen did attend for the number of hours certified
by Mr. Ryan, it is quite impossible that their labor could have
been effective. I have disallowed a portion of the charge for the
month of Novr. ; but I am sorry to say the accounts had been
paid for the previous months of Sept. and Oct., without coming
under my notice. I have, &c,
Geo. Gipps.
12 Dec.
Protest by
J. R. Brenan
re demand for
refund of
salary
overpaid.
Sir George Gipps to Lord Glenelg.
( Despatch No. 197, per ship Florentia ; acknowledged by
marquess of Normanby, 31st July, 1839.)
My Lord, Government House, 12th Deer., 1838.
With reference to your Lordship's Despatch of the
13th April, 1837, No. 290, I have the honor to inform your Lord-
ship that Mr. Ryan Brenan, though repeatedly called on to
refund the sum of £91 18s. 8d. overpaid to him whilst acting as
Principal Superintendent of Convicts in this Colony, has not yet
done so, and has protested against being called on to repay this
money, in a letter of which I now enclose a Copy. As Mr. Brenan
speaks of an authority supposed to have been given for his em-
ployment by the Secretary of State on the 1st Feby., 1833, I feel
it right to inform your Lordship that no such authority is now
to be found here. It is possible that a Private letter may have
been addressed about that time by the Secretary of State to
Sir Richard Bourke, but no such letter is recorded in the Private
Secretary's Office, which office, moreover, is not one of record for
any documents, except the official Despatches which pass between
the Secretary of State and the Governor.
As Mr. Brenan holds office under this Government, it will be
in my power to enforce payment from him by stopping it from
his Colonial Salary; but, before I resort to such a measure, I
think it right to take the further instructions of your Lordship.
I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. J. Ryan Brenan to Colonial Secretary Thomson.
Sir, Kent Street, 13th October, 1838.
In reply to your Letter of the 6th instant, having reference
to your Letter of the 28th October, 1837, requesting me to refund
the Sum of £91 18s. 8d. (Stated to have been) overpaid to me as
Acting Principal Superintendent of Convicts.
I have the honor to Communicate for the information of His
Excellency the Governor that I accepted the Office of Acting Prin-
cipal Superintendent of Convicts on the express condition of being
GLENELG TO GIPPS. 697
appointed Principal Superintendent of Convicts od full Salary in 1838.
the event of a Vacancy; And Accordingly, on the death of the late 12 Pec-
Mr. llcly. 1 was appointed to that situation on full Salary. I beg Termsof
to observe that the terms of my accepting the appointment are appointment
proved i»v the following circumstance: — of j. r. Brenan
On my sending the first pay Abstract Containing the item of my i„tendentof
full pay. ir was returned to me with the following observation by convicts.
the Commissary of Accounts, "that 1 was not entitled to full pay
until my Appointment Should be confirmed." Whereupon I applied
to Sir Richard Bourke and reminded him of the terms of Accepting
the Office, when he immediately directed that. I should be paid the
full Salary. This Order was given on or about the 5th of October,
1836.
It may not be amiss here to observe that my appointment was
made under the authority of the Secretary of State, bearing date
the lrst of February, is:*,:',, which is on record in the Office of the
Private Secretary and Contained a promise that any appointment
of me would be confirmed.
These Circumstances. I may respectfully Submit, justifies me in
retaining the Salary I have received as Principal Superintendent
of Convicts.
I beg to add that Sir Richard Bourke forwarded a protest
against my removal from office on the same grounds that I now
rest my right to the full Salary.
1 take leave in conclusion to observe that my appointment Cannot
he governed by the general rule of ordinary appointments by local
Governments, as my appointment was in obedience to the order of
The Secretary of State. And I must say that, instead of being now Expected
called upon to refund, I feel satisfied that the Secretary of State opinion of
on receiving my protest and statement of facts will consider me Jtate^ T
entitled to considerable Compensation for the Severe losses I have
sustained by reason of my unexpected and unprecedented removal
from my Office conferred under such an Authority.
I have. &c,
John Ryan Brenax.
Lord Glexelg to Sir George Gipps.
(Despatch No. 260 ? per ship Asia.)
Sir. Downing Street, 14th December, 1838. u Dec.
I have received your dispatch No. 103 of the 10th July Despatch
last, enclosing a copy of a letter from the Judges of the Supreme ^j"oJ^fred
Court in favor of Mr. John Gurner, the Chief Clerk of that
Court, and recommending him for a higher Office in the Court.
I think it unnecessary to issue any instructions on this sub-
ject, as I am convinced that, in the event of any vacancy
occurring in that branch of the public service, the recommenda-
tion of the Judges in favor of so old and meritorious a public
servant will be received by you with all the respect to which it is
so justly entitled. I have, &c,
Glenelg.
1838.
14 Dec.
HISTORICAL RECORDS OF AUSTRALIA.
Lord Glenelg to Sir George Gipps.
(Despatch No. 261, per ship Asia.)
Sir, Downing Street, 14th December, 1838.
I have received your dispatch No. 110, of the 16th July
last on the subject of the application addressed to me by Mr.
Pascoe Fawkner, and, under the circumstances which you have
stated, I concur with you that it is superfluous to pursue any
further the discussion of the question to which the letter of Mr.
Fawkner has reference.
I have considered this question as distinct from that which
formed the subject of my dispatch, No. 188 of the 28th August
last, and which had reference simply to the personal claim of
Mr. Batman to have the amount of the outlay, which he had
incurred in the improvement of land, considered in the acquisi-
tion of that land. I have, &c,
■ Glenelg.
Sir George Gipps to Lord Glenelg.
( Despatch Xo. 198. per ship Florentia ; acknowledged by
marquess of Normanby, 26th July, 1839.)
My Lord, Government House, 14th Deer., 1838.
I have had the honor to receive your Lordship's Despatch
of the 21st Feby. last, No. 77, calling upon me for further in-
formation respecting the expence of printing a Narrative* of the
voyage of the Colonial Schooner " Isabella," in search of the
survivors of the Crew of the " Charles Eaton " ; and enclosing a
copy of a letter which was addressed by the Secretary of the Trea-
sury to Mr. Stephen on this subject on the 19th of the same
month.
As the whole of this expence was incurred, and all transactions
respecting the voyage of the " Isabella " completed, before I
entered on the administration of this Government, I take the
liberty of forwarding the information required by your Lordship,
in the words in which it has been furnished to me by the Colonial
Secretary. I have, &c,
[Enclosure.] Geo. Gipps.
[A copy of this letter is not available.]
Lord Glenelg to Sir George Gipps.
(Despatch Xo. 262, per ship Asia; acknowledged by
Sir George Gipps, 17th September, 1839.)
15 Dec. Sir, Downing Street, 15th December, 1838.
I received on the 31st October last the duplicate of your dis-
patch No. 72 of the 5th May last, but it was not until the recent
arrival of the Original of that dispatch with its enclosures that I
* Note 71.
GLENELG TO G1PPS. 699
was enabled to take into my consideration the letter, addressed 1838.
bo me by Mr. H. F. White on the Lst May, 1838, on the subject
of his suspension from office.
On an attentive perusal of all the documents now sent by Mr. Justification
White, I do not find any satisfactory explanation of the admitted h. F.White,
fact of the diversion by Mr. White to his own personal advantage
of the labor placed at his command for the benefit of the public
at large. The ground of his removal from Office consequently
remains untouched, and the decision on his ease cannot be altered
so long as that charge shall remain unrefuted.
With regard to the course to be pursued in the case of Mr.
Oray, 1 can only refer you to my dispatch Xo. 196 of the
28th August last.
Amongst the enclosures, however, to Mr. White's letter now
before me, I find a Memorial from the Landholders of Port Mac-
quarrie soliciting Mr. White's continuance in that District and
bearing favorable testimony to his character. One of the signa- Signature of
tures to that Memorial is Charles George Gray, J.P. The docu- ^^1°
ment is dated 10th April, 1838, which is subsequent to the decision favour of
of Colonel Snodgrass. As both the names* and the official desig-
nation of Mr. Gray, the Accuser in this case, coincide with those
of the party signing this Certificate, it would seem that Mr.
Gray had either received wThat appeared to him an ample repara-
tion for the injurious charge preferred against him, or, without
any such reparation, had seen cause to withdraw the unfavorable
opinion which he had at first formed of Mr. White as a public
Officer. Altho. the case cannot entirely depend on Mr. Gray's
favorable or unfavorable judgment, yet it would be impossible
to deny great weight to such a retractation, if really made by
him. It will be necessary, therefore, that, in any further ex-
amination of the case, this circumstance should not be over-
looked. I have, &c.,
Glexelg.
Lord Glexelg to Sir George Gipps.
(Despatch Xo. 263, per ship Asia.)
Sir, Downing Street, 15th December, 1838.
I received Colonel Snodgrass' duplicate dispatch ~No. 19 Despatch
of the 5th February last, referring the claim of Mr. K. Glan- acknowled^d.
ville to an additional grant of land.
I was unable, until the more recent arrival of the original
dispatch with the enclosure which was omitted with the duplicate,
to consider this case. The question raised is not as to actual
claim of the party to a secondary grant which is admitted, but as
* Xote 123.
r00
HISTORICAL RECORDS OF AUSTRALIA.
1838.
15 Dec.
Decision re
claim of
R. Glanville to
land grant.
17 Dec.
Intentions
of visit of
French frigate
to New
Zealand.
Intentions
of French
government
re New
Zealand.
to the extent of that claim. The Council appear to have taken a
correct view of the case. It never was contemplated that the
secondary grant should exceed in extent the primary grant, and it
would be unreasonable to assign Mr. Glanville more than
320 acres, which is the utmost to which he is entitled.
I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 199, per ship Florentia.)
My Lord, • Government House, 17th Deer., 1838.
With reference to my Despatch of the 2nd Novr. last,
No. 178, with which I transmitted a copy of a letter from Mr.
Busby, expressing an apprehension on his part that an establish-
ment on one of the Islands of New Zealand was meditated by the
French, I have now the satisfaction to enclose a copy of a later
letter received from the same gentleman, by which your Lordship
will perceive' that the French Frigate " La Venus " has visited
New Zealand, without making any indication of such an inten-
tion. This Frigate, I am further enabled to inform your Lord-
ship, has now sailed for France. I have, &c,
Geo. Gipps.
[Enclosure.]
Mr. J. Busby to Colonial Secretary Thomson.
British Residency at New Zealand,
Sir, Bay of Islands, 10th Novr., 1838.
With reference to my letter of the 24th September last
No. 134, I have the honor to acquaint you, for the information of
His Excellency Sir George Gipps, that. the French Frigate Venus
has been at this place for upwards of four weeks, but that I have
not observed the slightest indication of. her visit having any refer-
ence to any political object such as I alluded to in that com-
munication.
Bishop Pompallier* has since also assured me that, though he
expects several more Priests to join him, whom he proposes to ap-
point to different Stations in this country, his residence here has
no connection with any Political Matters whatever.
I have, &c,
James Busby, British Resident at New Zealand.
Sir George Gipps to Lord Glenelg.
(Despatch No. 200. per ship Florentia; acknowledged by
marquess of Normanby, 17th July, 1839.)
19 Dec. My Lord, Government House, 19th Deer., 1838.
In my Despatch of the 21st July last, No. 115, I brought
under your Lordship's notice a long list of atrocities, committed
both by and on the Aborigines of this Country; and I then
Note 124.
GIPPS TO GLENELG. 701
stated that I had despatched a party of Mounted Police in search is38.
of some white men, who were supposed to have put to death in i9Dec-
cold blood not less than twenty two helpless and unoffending Conviction and
.,, . - T it- execution of
Blacks; it is now my painful duty to inform your Lordship that murderers of
seven of the perpetrators of this atrocious deed, having been con- a ongln<
victed on the clearest evidence, suffered yesterday morning the
extreme penalty which the law awards for the crime of murder.
The act, for which these men have paid the forfeit of their Massacre of
lives, took place on the evening of Sunday, the 10th June last. MyaVfcreek!
at or near a Cattle station, belonging to a person of the name
of Henry Dangar, distant perhaps 350 miles from Sydney in a
direction due North, on the banks of the Myall Creek. This
Creek is a branch of the Big River, which is supposed to fall into
the sea at Shoal Bay, in about Lat. 29° S.; but your Lordship
is aware that this part of the Country is so little known, that it
is impossible to fix the spot with any degree of precision. On the
banks of the Big River, there are several Cattle stations besides
that of Mr. Dangar; and it appeared on the trial that, for some
weeks previous to the 10th June, not less than fifty Blacks of all
ages and sexes had been living at these different stations (but
mostly at Mr. Dangar's) in perfect tranquillity, neither molest-
ing the Whites nor being themselves molested by them. In conse-
quence of some old quarrels, however, or possibly from accounts
having reached the place of occurrences in other quarters,
a determination seems to have been formed by the white men
to put the whole of the Blacks to death. On the afternoon of
Sunday, the 10th June, a number of them suddenly surrounded
the place, where more than thirty of the Blacks were assembled;
they tied them all to a rope in the way that Convicts are some-
times tied, in order to be taken from place to place in the Colony,
marched them to a convenient spot about a quarter of a mile off,
and put them all, with the exception of one woman and four or
five children, deliberately to death. The following day, Monday,
the 11th June, the same white men scoured the Country on
horseback, endeavoring to find ten or twelve of the Blacks, who,
having left Dangar's station on the morning of the 10th, had
escaped the massacre. These ten or twelve persons have never
been seen or heard of since, and it is doubtful to this day whether
they were not overtaken and murdered also. The first account
of these deeds of blood reached Sydney about the end of the
month of June. I despatched, with as little delay as possible,
a Stipendiary Magistrate (Mr. Day), on whose activity and dis- Magistrate and
cretion I could rely, and a party of Mounted Police, in search ™nunepUpr°Suite
of the Murderers; and Mr. Day, after an absence of 53 days, of murderers,
reported to me in person that, having come unexpectedly to the
702
HISTORICAL RECORDS OF AUSTRALIA.
1838.
19 Dec.
Capture of
murderers.
Number of
aborigines
killed.
Description of
murderers.
Trial and
acquittal for
murder of male
aborigines.
Trial for
murder of
aboriginal
children.
Cattle station of Mr. Dangar, he had succeeded in capturing no
less than eleven out of the twelve persons, who were known to
have taken part in the massacre. When Mr. Day arrived at the
spot, some few scattered human bones only were visible, great
pains having been taken to destroy the whole remains of the
slaughtered Blacks by fire; but undeniable evidence was procured
of more than twenty human heads having been counted on the
spot within a few days after the day of the massacre; and the
best accounts lead me to suppose that the number of persons
murdered of all ages and both sexes was not less than 28.
The eleven persons apprehended by Mr. Day, all arrived in
this Country as Convicts, though, of some of them, the sen-
tences have expired. The twelfth man or the one who has escaped
is a free man, a native of the Colony, named John Fleming.
The eleven men were all brought to trial on the 15th Novr.
on an information lodged against them by the Attorney General
containing nine Counts. The first four Counts charged them in
various ways with the murder of an Aboriginal Black named
Daddy, the only adult male who could be identified as one of the
murdered party; the five other Counts charged them (also in vari-
ous ways) with the murder of an Aboriginal male Black, name
unknown. The Jury on this occasion acquitted the whole of
the Prisoners.
The Attorney General immediately applied to have them de-
tained on the further charge of murdering the women and chil-
dren, none of whom had been comprehended in the first Indict-
ment ; and, this being done, seven of these men on the 27th of
the same month (November) were again brought before the
Supreme Court on the charge of murdering a child. On this
occasion, the first five Counts charged them simply with the
murder of an Aboriginal Black Child; other Counts described
the Aboriginal Child by the name of Charley. The Attorney
General laid this information only against seven of the Prisoners,
instead of the whole eleven, in order that they might have the
opportunity of calling the other four, if they chose to do so, as
witnesses in their favor, but which they did not do. On being
brought this second time before the Court, the Prisoners, who
were defended by three of the ablest Counsel* at the Bar, entered
on the first five Counts a Demurrer, to the effect that there was
not sufficient certainty in the description of the Aboriginal Child,
neither the name, nor the sex being mentioned; and, against the
other Counts of the Indictment, which charged them with the
murder of a Boy called Charley, they entered the Plea of " Autre
fois acquit," saying that it was the same offence, for which they
had been already acquitted. The presiding Judge (Mr. Justice
* Note 125.
GIPPS TO GLENELG. 703
Burton) overruled their Demurrer, declaring that there was -.o8^8,
sufficient certainty in the description of the child, though neither
the sex nor name was mentioned; and, upon their Plea of "Autre ^urderof
fois acquit," issue being joined by the Attorney General, a Jury aboriginal
was impanelled to try whether the Offence, with which they then
Btood charged, was or was not the same as that for which they
had already been acquitted. This Jury found that it was not
the same offence. The seven men were consequently two days
afterwards, on the 29th Nbvr., put on their trial for the murder conviction of
of the child, and found Guilty on the first five Counts, which seven men-
described the Child merely as a Black Aboriginal ; but were
acquitted upon the Counts, which charged them with the murder
of a Child named Charley, sufficient proof of the name of the
child not being adduced.
The seven men were brought up for judgment on the 5th inst.,
upon which occasion their Demurrer, as well as their Plea of
" Autre fois acquit," was brought under the solemn consideration
of the three Judges of the Supreme Court, and sentence of death Sentence of
was not passed upon them, until after the three Judges had decision of
unanimously expressed their opinion, against the validity of ful1 court-
their Demurrer, and their satisfaction with the verdict of the
Jury, which had been empanelled on their plea of "Autre fois
acquit."
The Report of the Judge (Mr. Justice Burton), who presided
at the trial, was received by myself and the Executive Council on
Friday, the 7th instt., when, no mitigating circumstances appear-
ing in favor of any of them, and nothing to shew that any one
of them was less guilty than the rest, the Council unanimously
advised that the sentence of the law should take effect on them;
they were accordingly ordered by me for Execution, and suffered Execution of
yesterday morning at 9 o'clock. ™nndenined
I enclose for your Lordship's information copies of the fol-
lowing documents: —
1. Copy of the Notes of the Chief Justice, taken on the Documents
15th Novr., at the trial of the eleven men for the murder of the transmittecL
Aboriginal named Daddy, which ended in an acquittal ;
2. Report of Mr. Justice Burton of the proceedings on the
27th Nbvr. on the Demurrer of the seven prisoners, and on the
trial of their Plea of " Autre fois acquit " ;
3. Minute of the Proceedings of the Executive Council on the
7th inst., to which is appended a Copy of the report made to the
Council by Mr. Justice Burton of the trial at which the seven
men, who have been executed, were found guilty.
It will be satisfactory to your Lordship to hear, that the
smallest doubt does not exist of the guilt of the men who have
704
HISTORICAL RECORDS OF AUSTRALIA.
1838.
19 Dec.
Guilt of
prisoners.
Petitions in
favour of
prisoners.
been executed, or of their all having been actively engaged in the
massacre. The whole eleven would indeed, I have reason to
believe, have pleaded guilty at the first trial, if not otherwise
advised by their Counsel. After condemnation, none of the
seven attempted to deny their crime, though they all stated that
they thought it extremely hard that white men should be put to
death for killing Blacks. Until after their first trial, they never
I believe thought that their lives were even in jeopardy.
Three Petitions were presented to me in their favor, though
not very numerously signed, one from Sydney, another from
Parramatta, and the third from Windsor, but I did not feel that
I could consistently with my public duty pay regard to them.
I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will be found in a volume in series IV. ,]
20 Dec.
Sensation at
arrest of
murderers.
Money
subscribed for
their defence.
R. Scott as
chairman at
meeting.
Conditions of
meeting.
Sir George Gipps to Lord Glenelg.
(Despatch No. 201, per ship Florentia ; acknowledged by
marquess of Normanby, 17th July, 1839.)
My Lord, Government House, 20th Deer., 1838.
Connected with the trial of the men whose execution
for murder I have reported in my Despatch of yesterday's date
No. 200, there are some circumstances which I think it right
to bring separately to your Lordship's knowledge.
The apprehension of so many as eleven men for the murder
of the Blacks, and the determination of the Government to bring
them to trial, created an unusual sensation in the Colony, and a
Meeting was held at Patrick's Plains, a place on the Hunter
River about 30 miles above Maitland, at which the sum of, I
believe, about £300 was subscribed to defray the expences of their
defence.
The person who presided at this Meeting was Mr. Robert Scott,
a Magistrate of the Territory, who, from his property, family
connections, and the prominent part usually taken by him in
public affairs, may be considered a person of note in the com-
munity. At this same Meeting, a Petition or Memorial was
adopted, which was subsequently presented to me by a Deputa-
tion, of which Mr. Scott was the leader. In all this, I saw nothing
to find fault with. I could not be displeased that the Accused
should have Counsel employed for their defence. The meeting
at Patrick's Plains was held before the whole atrocity, which had
marked the murders, was known to the Public. The persons.
GIPPS TO GLENELG. 705
who attended it. might reasonably have supposed that the accused 1888.
hail «>nly acted in defence of their Master's property against the
iggressions of the I Hacks, and the Memorial addressed to myself
asked for nothing more than equal justice to both parties. I
cautiously therefore avoided expressing in any way disappro-
priation of Mr. Scott's proceedings. The case however was
altered, when a tew day- afterwards the Attorney General re-
ported to me that Mr. Scott had visited the eleven men in prison, Advice given
and. in the presence of the Gaoler, advised them not to split Jjjjjjjjjj*0
among themselves, saying that there was no direct evidence prison,
against them, and that, if they were only true to each other,
they eonld not be convicted. Mr. Scott happening to call upon
me soon after this occurrence, I thought it right to inform him
of the report which had been made to me by the Attorney General,
telling him, however, that, until the trial of the men should be
over, T was determined to say or do nothing more in the matter.
On this- occasion, Mr. Scott fully acknowledged that he had Explanation by
visited the men in prison, and spoken to them the words which sirG°Gipps.
had been reported to me; he said, however, that, when he did so,
he did not know the full extent of the case against them, not
having then read the Depositions taken before Mr. Day ; and that,
after reading the Depositions, he was sorry for what he had done.
From that moment, I supposed that Mr. Scott would at least
have ceased to take any personal part in the defence of the men,
and it was therefore with the greatest surprise I subsequently Participation
heard that he was seated in Court at their trial, close to the Bar, dlfen^ a? in
and by the side of their Attorney, thus making himself a party trial-
in their defence to the very last.
A New Commission of the Peace was at this time on the point
of being issued, having been rendered necessary by the lapse of
nearly eighteen months from the death of the late King. J
thought I could not, consistently with my duty, continue Mr. Omission of
Scott's name in it, and immediately after the trial was over I fommitsion^f
told him it would be omitted. Peace-
The Commission was issued on the 8th Inst., and I have to
report to your Lordship that Mr. Robert Scott's name does not
appear in it.
I will only further express to your Lordship my opinion that Effect of
the proceedings of Mr. Scott did materially interfere with, and R.^ott^
have in part prevented the due administration of Justice. His
appearance at the first trial contributed, I have no doubt, to
produce a verdict from the Jury directly against the evidence;
and it was in consequence of the Attorney General's knowledge
of the advice given by Mr. Scott to the men in Gaolr that no
attempt was made on the part of the Crown to get an approver.
Ser. I. Vol. XIX— 2 Y
706
HISTORICAL RECORDS OF AUSTRALIA.
1838.
20 Dec.
Guilt of
persons
implicated.
For want of an approver, it was not possible to get at the dif-
ferent degrees or shades of guilt, which attached to the different
prisoners, or to ascertain who were the first instigators to the
deed, and who might have come into it reluctantly.
I have no reason to believe that any man has been executed,
who could have been saved; but it is now pretty certain that
one of the four men, who have for the present escaped, was the
most guilty of the whole. I have, &c,
Geo. Gipps.
21 Dec.
Despatch
acknowledged.
Reference to
instructions re
policy towards
aborigines.
Approval of
action of
Sir G. Gipps.
Instructions
to police re
capture of
aborigines.
Regret at
aggressions
by white
persons.
Lord Glenelg to Sir George Gipps.
(Despatch No. 265, per ship Asia.)
Sir, Downing Street, 21st December, 1838.
I have received your despatch, No. 115 of the 21st of July,
transmitting several documents with reference to further col-
lisions, which had unhappily taken place between parties of white
settlers in the Colony, and the aboriginal inhabitants.
You are so fully aware of the views and wishes of Her Ma-
jesty's Government on this subject that it is unnecessary for me
here to repeat them. I can only refer you to the Instructions
already addressed to you as to the measures to be taken with a
view to prevent the recurrence of outrages so destructive of
human life, and so much to be deprecated on every principle of
policy as well as of humanity.
I approve of the answer, which you returned to the Memorial
from Mr. King and other gentlemen, and of the proceedings
which you had adopted with reference to the several transactions
stated in your despatch. Your instructions to the Magistrate
accompanying the mounted Police appear to be proper and judici-
ous I assume that the direction that, in the event of the Police
being unable to identify and secure any individuals concerned
in the murders which had been perpetrated, other individuals,
not exceeding the number of men murdered, should be secured,
including if possible some of the Chiefs, was given only with
a view to hold members of the same tribe as temporary hostages
for the future conduct of their companions, and not with any
object of retaliation on parties against whom no proof of guilty
participation in the outrage existed. Any proceeding sanction-
ing measures of mere retaliation would, I am confident, be
wholly discountenanced by you, and could only tend to increase
the evil by encouraging similar acts on the part of the abori-
gines. I am deeply concerned, on account of the character of
the settlers, to find that the aggressions have not all been on
the side of the Aborigines. I ' hope with reference to the last
outrage, to which you refer in your Despatch, that a strict
GLENELG TO GIPPS. 707
investigation will have taken place in pursuance of your direc- 0i8n&'
tions, and that due punishment will have been intiieted on the
parties, against whom acts of so revolting and disgraceful a
nature may have been substantiated.
I do not clearly perceive the force of the reasons which have
led to a continued postponement of the proposed notice, a copy
i)\' which yon transmitted in your de-patch of the 27th of April.
Without at this distance prescribing to you the precise course Necessity for
which should be adopted, I cannot help expressing my opinion aggressions by
that such a notice is highly expedient, in order that, while the white persons.
Government affords all due protection to the person and pro-
perty of the peaceable and industrious settlers, it may be clearly
known by all parties that it will not shrink from enforcing the
Law against all those who, not for the purpose of self-defence
but wantonly, commit acts of violence or aggression against the
aboriginal inhabitants.
I have, &c.,
Glexelg.
Lord Glexelg to Sir George Gipps.
(Despatch No. 266, per ship Asia.)
Sir, Downing Street, 21st December, 1838.
I have received your Despatch Xo. 102 of the 9th July Despatch
last, transmitting a letter from the Chief Justice of Xew South ackn™'iedged.
Wales on the subject of his precedency.
There can be no doubt of the accuracy of the opinion of the Precedency of
Chief Justice that the Royal Charter determining the precedency delfeniientmi
of the Judges cannot be superseded by any less solemn expression charter of
of the pleasure of the Crown ; and the question, which the Chief
Justice has now brought forward, must therefore depend alto-
gether on the construction of the Charter. It grants to that
officer precedence over all persons excepting such as in this Coun-
try take precedence of the Chief Justice of the Court of Queen's
Bench. There is no doubt that such precedence is due to a
Bishop, being a Peer of Parliament, over a Chief Justice, who
does not enjoy that dignity. But between a Chief Justice and a
Bishop, of whom both are Commoners, the precedency is assigned
to the Judge; as, for example, in the case of the Bishop of Sodor
and Man. The titular designation of Lord, which is borne by the
Bishops of the Church of England even when not Peers of Par-
liament, is a mere title of courtesy, and carries with it no actual
rank. The claim of the Chief Justice of your Government in
regard to precedency must therefore be admitted.
I have, &c,
Glexelg.
708
HISTORICAL RECORDS OF AUSTRALIA.
1838.
21 Dec.
Allowance for
passage and
outfit to R.C.
schoolmaster.
Lord GleNelg to Sir George Gipps.
(Despatch No. 264, delivered by Mr. Mulholland.)
Sir, Downing Street, 21st December, 1838.
I have to acquaint you that I have authorized the Colonial
Agent General to issue to Mr. Mulholland the sum of Sixty
Pounds, on account of his outfit and passage as one of the six
Roman Catholic School-masters, for whom an allowance of this
nature was sanctioned, as stated in my despatch No. 51 of the
19th of December, 1837. T haye> &c>>
Glenelg.
Report
required re
disposal of
religious books
ex convict
ships.
Lord Glenelg to Sir George Gipps.
( Despatch No. 267, per ship Asia ; acknowledged bv
Sir George Gipps, 10th June, 1839.)
Sir, Downing Street, 21st December, 1838.
I transmit, for your information and guidance, the copy
of a letter from the Board of Treasury, enclosing statements of
Religious Books delivered to the Chaplains' Department at New
South Wales from Convict Ships between the periods therein
stated, and I have to request that you will report in what manner
these Books have been disposed of, stating at the same time the
several particulars on which the Lords of the Treasury require
information. j haYe> &Cv
Glenelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir. Treasury Chambers, 19th December, 1838.
I am commanded by the Lords Commissioners of Her Ma-
jesty's Treasury to transmit to you the enclosed statements* of re-
ligions Books, delivered to the Chaplains' Department at New South
Wales from Convict Ships between the following periods, vizt. :—
September, 1836, and January, 1837 ;
27th February, 1837, 10th May, and 29th July. 1837 :
and I am to request you will move Lord Glenelg to instruct the
Governor of New South Wales to call upon the Kevd. Win. Cowper,
through the principal Chaplain, to state in what manner the Books,
which appear to have been delivered to him, were disposed of, and
to report the amount of the proceeds of such as may have been
sold by auction, and to ascertain or fix the value of such as were
otherwise disposed of according to the state in which they were
received, affixing the value that would have been given to them if
purchased upon the spot, and My Lords will be glad to receive the
result of his Lordship's communication. j am £c
F. Baring.
Note 14.
GIPPS TO GLENELG. 709
Sm George (Juts to Lord Glenhlg. 1838.
24 Dec.
(Despatch No. 202, per ship Florentia.)
M ,\ Lord, Government House, 24th Deer., 1838.
I have the honor to inform your Lordship that the French Arrival of
Frigate, " La Venus," of 58 Guns, commanded by Captn. Du Petit La Venus.
Thouars, anchored in Port Jackson on the 25th Novr. last, having
come from the Society Islands and New Zealand.
Captn. Du Petit Thouars was the bearer of a letter to me from Complaint in
Mr. Pritchard, the British Consul at Tahiti, in which Mr. Prit- Sfflff™1
chard complains of the proceedings of Captn. Thouars towards captain °f
the Queen of that Island; of this letter, as well as of an enclosure
which it contained, I have the honor herewith to forward a Copy.
Considering that this communication from Mr. Pritchard re-
quired some notice on my part, and yet feeling that the business
was one in which it was necessary to proceed with great caution,
I thought it right to advise on the subject with my Executive
Council, and I have the honor to report that, by the advice* of
the Council, a letter (of which I enclose a copy) was written
by the Secretary of this Government to Captn. Thouars. I
enclose a copy of the answer which was received to this com-
munication, and also of my acknowledgment of the receipt of the
same to Captn. Thouars, with which the correspondence closed.
I am happy to inform your Lordship that these matters (though intercourse
of a delicate nature) have not in any way been productive of a officers!6"0
bad feeling between Captn. Thouars and myself, or between his
officers and those of this Government ; all the usual civilities and
courtesies having been kept up between us, equally as they would
have been, if none of these occurrences had taken place. Captn.
Du Petit Thouars was detached from the Coasts of Chili and
Peru, by express order of his Government, to demand satisfac- object of visit
tion from Queen Pomare for insults offered on the Island of Tahiti**6*0
Tahiti to two Frenchmen in the year 1836. These Frenchmen
were Catholic Priests, and I believe it is beyond doubt that
they were removed from the Island, in consequence of the
Representations of the English Missionaries. As however the
" Actoon " Frigate was despatched by Commodore Mason to
enquire into the cause of it, and was at Tahiti for that purpose
towards the end of the year 1836, far more correct information
on the subject of the forcible removal of the two Frenchmen from
the Island will be obtained, I have no doubt, from the Eeport
of Lord Edwd. Kussell, who then commanded the "Actoon,"
than it is possible for me to give.
* Note 126.
710
HISTOEICAL EECORDS OF AUSTRALIA.
1838.
24 Dec.
Departure of
frigate
La Venus.
I have only, My Lord, to add that "La Venus" sailed from
Sydney for the Cape of Good Hope and Europe on the 18th
Instant. I have, &c.,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will be found in a volume in series 77/.]
27 Dee.
Transmisison
of letter from
J. H. Plunkett.
Inability to
procure acting
attorney-
general.
Application by
J. H. Plunkett
for leave of
absence.
Sir George Gipps to Lord Glenelg.
(Despatch No. 203, per ship Florentia ; acknowledged by
marquess of Norinanby, 19th June, 1839.)
My Lord, Government House, 27th Deer., 1838.
I have the honor to forward herewith to your Lordship a
Copy of an application for Leave of Absence, which I have re-
ceived from the Attorney General of this Colony.
I feel confidence in stating that Mr. Plunkett is by his Public
services entitled to every indulgence which your Lordship can
afford him; but at the same time it is my duty to inform your
Lordship that it will, I fear, be impossible to find any person in
this Colony, competent to perform his duties, who will be willing
to undertake them for half salary. I have, &c,
Geo. Gipps.
[Enclosure.]
Attorney-General Plunkett to Colonial Secretary Thomson.
Sir,
Attorney General's Office, 20th December, 1838.
Having already in personal communication Stated to His
Excellency the Governor my wish to obtain leave of absence for
two Years to visit Europe, I beg you will lay this more formal mode
of application before His Excellency in order that he may be
pleased to give it his consideration.
It is now nearly Seven Years since I arrived in the Colony as
Solicitor General, and, from the Month of April, 1836, I have dis-
charged the duties both of Attorney General and Solicitor General.
During the whole of that time, I have not been absent from my
duties for a Single Week, except on one occasion in the beginning
of 1835, when a Serious fit of illness, brought by close attention to
my official duties, made it necessary to take change of Air, and even
then my leave of absence did not exceed a fortnight ; after so long
a career of incessant and laborious duty, I trust His Excellency
will consider me entitled to the Indulgence I Solicit.
Although my General State of health at present is not very good,
it is not on the ground of illhealth I make my application. It is
because my presence in Ireland is absolutely necessary in order to
make arrangements respecting some private property left me by my
deceased Father, which arrangements I find Cannot be carried
into effect in my absence.
I am aware that His Excellency may at present have some diffi-
culty in providing for the discharge of those very responsible duties
MISMATCHES OMITTED.
711
belonging to my office; and. as it is my anxious desire not to cause 1S3S.
him any Embarrassment by a hasty application for leave. I wish 27 Dec.
to shape it so as to afford ample time to ensure the efficiency of the Application by
Public Service during the period of my leave of absence. My j- H. Plunkett
application is therefore for two Years' leave to Commence from the absence.60
Month of November, 1839.
As all public Officers are. by the regulations made for the Colonies.
Entitled to draw half Salary while on leave of absence. I will of
course Calculate on the benefit of that regulation; but, as I am
afraid that no competent Gentleman of the Ear can be found to
discharge the duties of Attorney General for half Salary, I think
it right to apprise I lis Excellency of my apprehensions in this
point, lest there Should be any unforeseen difficulty as to payment
to me of my half Salary.
When the late Chief Justice (new Sir Francis Forbes) went to
Europe on leave in L836, he received the half Salary of Chief
Justice, and the Acting Chief Justice Dowling, during that time,
received the full amount of the Chief .Justice's Salary. Viz., £2,000
per Annum. I therefore trust the Same course may be followed
in my Case. I have. &c,
John 11. Plunkett, Attorney General.
Secretary of State to Sir George Gipps.
The following despatches, written in the year 1839, have been
omitted: —
Despatch
dated numbered Transmitting
21st January 12 instructions for report re James Wawn, convict.
4th March 9 approval of commutation of death sentence on James
Mc( ullum.
4th March 11 reply re victualling of convict ships.
7th March 17 authority for conditional pardon for William Nixon.
Sth May 43 petition for free pardon for William Fowler.
Sth May 44 report re proposed escape of John Kinnear, convict.
Sth May 45 authority for conditional pardon for Charles Hayter.
1-t June 60 free pardons for Richard and Uriah Lovell.
4th June 62 instructions re pardons for convicts transported for
machine-breaking.
17th June 69 report re sentence on Thomas Cullen and Bernard
Murray.
19th June 74 approval of decision re James Monds or Mounds,
convict.
26th June 80 instructions for report re delay in granting pardon to
John McMillan.
3rd July S4 approval of coal-mining at Western port.
19th July 97 commutation of death sentence on John Finn.
25th July 100 approval of twenty-three conditional pardons.
26th July 101 approval of two absolute and one hundred and forty-
two conditional pardons.
2nd August 108 instructions for report re George Gambling and his
property.
29th August 129 approval of commutation of death sentence on Thomas
Hoi den.
29th August 131 free pardon for Dennis Caulfield.
6th September 3 details of sentence on Ann Byrne.
13th September 5 free pardon for Thomas Mackrell.
?th October 9 instructions for report re John Hicks, convict.
9-tv! rw°uer 13 warrant for reduction of sentence on John Rutledge.
?Iu ~ 21 instructions for report re Alexander Milne, convict.
4th November 31 report re Grace Taylor alias Logan
5th Member 32 approval of three absolute and thirty-four conditional
pardons.
1839.
Despatches
omitted.
712
HISTORICAL RECORDS OF AUSTRALIA.
ad^ The following despatches, written in the year 1839, have been
Despatches omitted — contd.
omitted. Despatch
dated numbered Transmitting
6th November 33 approval of twenty-five conditional pardons.
11th November 37 approval of payment into Savings bank for Catherine
Kenny, convict.
20th November 47 instructions for report re Edward Smith, convict.
25th November 49 do re free pardon proposed for
F. Bigg.
26th November 50 authority for indulgence for John Linforth, convict.
2nd December _ 52 authority for free pardon for Patrick Dowling.
21st December ' 61 warrant for free pardon to Samuel King.
Circular
letters
omitted.
Circular Letters.
During the year 1839, the following letters* were written by the
secretary of state, which were similar to that dated 5th December,
1837, with the following manuscript alterations : —
Letter dated 25th November, 1839.
Mr. Peter Beauclerk Spicer — a Letter — 13th of May— his
claims for remuneration for past services as Superintendent of
Convicts at Moreton Bay or to further employment.
Letter dated 27th December, 1839.
Mr. W. S. Parker — a Letter — 1st of July — his claim for an
additional Grant of Land.
Sir George Gipps to Secretary of State.
Despatches The following despatches, written in the year 1839, have been
omitted. omitted : —
Despatch
dated numbered Transmitting
4th January 4 schedules of appointments to pubic officers and of altera-
tions in salaries and allowances.
11th January 11 report re Patrick Davoren or Staunton, convict.
13th January 13 „ re Patrick Gaygan, convict.
29th January 23 recommendation of John Finn for commutation of
death sentence.
5th February 25 quarterly schedule of appointments and special pay-
ments.
8th February 26 immigration return for 1839. .
16th February 29 " blue book " for 1837.
18th February 30 twenty-three conditional pardons.
19th February 31 list of convicts recommended to have their families
sent out.
1st March 39 quarterly schedule of appointments and special pay-
ments.
2nd March 40 schedule of appointments to public offices.
6th March 43 requisition for stationery for convict services.
7th March 44 requisition for printed stationery for convict services.
13th March 50 returns of tickets of leave issued and of deaths and
escapes of convicts.
15th March 52 inquiry re sentence on Anne Byrne,, convict.
18th March 54 return of assignments revoked in 1838.
20th March 55 report re non-arrival of Grace Taylor alias Logan,
convict per ship Planter.
27th March 59 three absolute and thirty-four conditional pardons.
* Note 58.
GLENELG TO GIPPS.
713
The following despatches, written in the year 1839, have been
omitted — contd.
Despatch
dated numbered Transmitting
80th March 61 list of convicts recommended to have their families
sent out.
10th April 67 do do
L'lth April 75 twenty-five conditional pardons.
30th April 77 return of pardons granted in 1838.
ltith Slay 82 report re John Linforth, convict.
20th May 83 annual return of diseases treated.
1st June 87 list of convicts recommended to have their families
sent out.
18th June 94 one absolute and seventeen conditional pardons.
1.5th July 104 half-yearly immigration return.
18th July 105 seven conditional pardons.
5th August 114 abstract of revenue and its appropriation for 1838.
12th August 116 forty conditional pardons.
15th August 117 list of convicts recommended to have their families
sent out.
19th August 118 requisition for stores for convict services.
26th August 120 report re James Wawn.
2nd September 123 recommendation of Thomas Lowe for commutation
of death sentence.
6th September 124 one absolute and twenty conditional pardons.
20th September 129 report re Hugh Naghten, convict.
23rd September 130 ,, re William Fowler, convict.
6th November 145 requisition for medicines.
9th November 148 annual medical returns.
13th November 150 report re Jean Henri Kiithe.
18th November 153 schedules of appointments and special payments.
19th November 154 report re — Dubost.
30th November 161 recommendation for commutation of death sentences
on Richard Jones alias Knight, Samuel Ellis,
James Hickey and William Barnes.
12th December 171 "blue book" for 1838.
16th December 174 three absolute and sixty-five conditional pardons.
17th December 175 list of convicts recommended to have their families
sent out.
21st December 179 return of seamen treated in military hospitals.
Despatches
omitted.
Lord Glenelg to Sir George Gipps.
(Despatch No. 1, per ship Fergusson.)
Sir, Downing Street, 1st January, 1839. 1 Jan.
With reference to my Despatch, No. 234 of the 7th of Transmission
November last, I transmit to you for your information the copy scMsmS^
of a letter which I have received from the Convenor of the Presbyterian
General Assembly's Committee on Colonial Churches, and of the
answer which by my directions has been returned to that Letter
I have, &c,
Glenelg.
[Enclosure No. 1.]
Eevd. Principal Macfarlan to Lord Glenelg.
My Lord, College, Glasgow. 27th December, 1838.
I have been directed by the Committee of General Assembly
for promoting the religious interests of Scottish Presbyterians in
the British Colonies to transmit the accompanying observation on
the Despatches respecting the Presbyterian Church in New South
Wales, which your Lordship had the goodness to communicate.
I have, &c,
D. Macfarlan.
14
HISTORICAL RECORDS OF AUSTRALIA.
1839.
1 Jan.
[Sub-enclosure.]
At Edinburgh, the 7th December, 1838.
At a Meeting of the Acting Committee of the Committee of the
General Assembly of the Church of Scotland on Colonial Churches.
The Reverend Doctor Muir in the Chair.
The Acting Committee of the General Assembly's Committee on
Colonial Churches, having taken into consideration the Despatch
of date 12th of June, 1838, and relative documents from his Excel-
lency the Governor of New South Wales to the Right Honorable
Her Majesty's Secretary of State for the Colonies, transmitted by
his Lordship to the Assembly's Committee for their information,
and by them remitted to this the Acting Committee, beg with hearty
thanks for his Lordship's kindness and attention to submit to him
the following observations on certain of the matters embraced
in the said Despatch and documents.
They observe that Doctor Lang attempts to justify the proceed-
ings adopted by himself and his adherents on the grounds (first)
of Authority from the Church at home; and (second) of the cir-
cumstances and condition of the Presbyterian Church in the Colony.
being such as to Warrant these steps, according to the General
rules and principles of Presbyterial Church Government.
In so far as regards alleged authority from the church at home,
he states in the first place that he and his adherents were em-
powered by the General Assembly and the Synod of Lister to re-
construct the Presbyterian Church of New South Wales.
That this Assertion is directly contrary to the facts, in regard
to the Church of Scotland, is proved by the unanimous resolution*
of the Commission of Assembly in August last already transmitted
to the Secretary of State for the Colonies; and, as to the Synod of
Ulster (which besides could give no competent authority to recon-
struct a branch of the Church of Scotland), it must be obvious
that the assertion is equally unfounded from the resolutions of that
Synod of date 28th August last, of which a Copy is herewith trans-
mitted, and which was adopted in consequence of the transmission
to them of the proceedings of the Commission.
Doctor Lang in the Second place alleges that he and his adherents
were warranted to form themselves into a Synod by the Act of
Assembly, Eighteen hundred and thirty three, regarding Presby-
terian Ministers in the Colonies, and the principle on which that
act is rested. That act contains no warrant whatever for their
proceedings ; and, although the objection to its application to the
case in question, noticed by Sir George Gipps in his despatch,
Vizt., that the persons uniting with Doctor Lang were not min-
isters of fixed congregations, is of itself perfectly sufficient, it is
inferior in importance to another of a much more serious character.
The Act, referred to, was intended to promote the formation
of Church judicatories in Colonies, where the Presbyterian Min-
isters settled there had not united to constitute a court for the
purposes of Government and discipline; but it never contemplated
the Establishment of separate and independent judicatories in the
same Colony. An essential Element of the Constitution of a Presby-
terian Church is that the whole Church should be subject to one
United Government, constituting in the first instance a Presbytery ;
Note 125
GLENELG TO CUTS. ' 715
or where the number of Congregations require a division into 1839.
several Presbyteries, a superior Court to review their Actings. 1 J;t"-
For the .Ministers in a Colony to form themselves into different observations
and independent Courts would be in contravention of the intention by committee
of the Act L833, and in Violation of the fundamental principles of 2£3Syr«
Presbyterial Government, Oil which it is founded: and indeed would schismin
constitute the Offence known in the laws of the Church of Scotland Presbyterian
by the term " following divisive courses.'" which every licentiate at churcn-
receiving licence and every minister at ordination solemnly pro-
mises to avoid. In the case therefore even of Ministers having
fixed Congregations, and in a Colony where as yet no settled judica-
tory had been constituted, it would have been utterly at variance
with the principles of Presbyterial Church Government and with
the Act 1833 to have formed themselves into two independent
Church Courts, while the idea of ministers having no previous con-
nection with the Country, admitted to no pastoral charge (and so
not entitled by the laws of the Church of Scotland to exercise rule
and Government in the Church at all. unless specially empowered),
assuming to themselves, a few days after their setting foot in the
Colony, the character of a Supreme Church Court, to supersede
the existing and established Judicatory, is utterly extravagant.
In so far as Doctor Lang rests his justification on the alleged
inherent principles of the Protestant Church, sanctioned as he as-
serts by the proceedings of the General Assembly of 1638, that a
faithful minority may reconstruct a Church to the exclusion of a
corrupt majority, the committee observe in the first place:
That the application of this principle, supposing such a principle
to he recognized, proceeds on the unwarranted assumption that the
Presbytery of New South Wales had become totally corrupt : and
that the opinion of Doctor Lang alone, he being of all the Ministers
uniting to form the so called Synod the only Member of that Presby-
tery, is to be deemed conclusive of the corruption of his Brethren,
while he himself, during his recent visit to this country, tabled no
complaint against them to the Mother Church, to whom they were
in any views amenable, as having received ordination from her
Presbyteries; and to the last hour of his stay in Britain held him-
self out as a Member of that Presbytery which he now represents
as extinct by reason of its corruption.
The Committee remark in the second place that no rule could,
according to the laws of the Church of Scotland, be exercised by
any of the stranger Ministers accompanying Dr. Lang, till duly
admitted by competent authority to particular charges.
In the third place, the committee observe that there is no such
Principle recognized as that alleged by Doctor Lang, according to
which a minority, or in the present instance a single individual
asserting themselves or himself to be exclusively faithful and pure,
might lawfully supersede their proper Judicatory in the exercise of
its legitimate functions. Such minority or individual might doubt-
less withdraw from a Communion with which they could not con-
scientiously hold fellowship ; but the proceedings here adopted are
of a totally different character, and receive no countenance from
the practice of the Church, and none from the actings of the
General Assembly of 1638. That Assembly was not composed of
a minority, excluding a majority, whom they judged to be corrupt.
It was an Assembly lawfully convened and elected by the free
716
HISTOEICAL RECORDS OF AUSTRALIA.
1839.
1 Jan.
Observations
br committee
of general
assembly re
schism in
Presbyterian
church.
suffrages of the whole Church ; and, being for the first time for many
years freed from the fetters imposed by the tyranny of the Monarch,
they re-established the system he had wrongfully overturned, and
declared to be null the proceedings of Prior assemblies, not freely
chosen, and acting under his control. The attempted comparison,
however, is undeserving of serious attention, and no one. in the
slightest degree acquainted with the principles of Fresbyterial
Church Government and the constitution of the said Church of
Scotland, can entertain the slightest doubt that the conduct of
Doctor Lang has been utterly unjustifiable, in contravention of the
Fundamental laws of his church, and of his own obligation to
submit to her constituted judicatories and abstain from ''divisive
courses."
The Committee beg further to submit one or two remarks on
another subject, embraced by the despatch above referred to and
accompanying documents ; and in doing so they cannot but express
their grateful sense of the kindness and zeal with which the Colo-
nial Government have endeavoured to bring about a reconciliation
of the unhappy differences in their church in New South Wales,
and their resolution to cooperate to the utmost of their power in the
accomplishment of this important* object.
The Committee are of opinion that the proposition of Doctor
Lang was in several particulars too obvious to require being pointed
out altogether inadmissible, and also that it is impossible for the
Presbytery to recognize the so called Synod as a Church Court,
seeing they would thereby sanction proceedings in Violation of the
Fundamental laws of the Church and destructive of all subordina-
tion and order. Neither does it appear to the Committee that the
Presbytery could restore Doctor Lang, whose conduct, as a Member
of their body and subject to their Authority, has been so highly
blameable, without his submitting himself to the discipline of the
Church. But at the same time the Committee cannot but regret
tbat the Presbytery should have rejected, at their meeting of the
13th May last, the resolutions proposed by the minority of their
body, which do not appear to give any recognition to the so called
Synod as such, or to run counter to any of the rules of the Church,
while it evinced a conciliatory spirit, calculated to promote the
Union which is so eminently desirable.
The Committee have transmitted their sentiments on this point,
and on their future conduct in the matter, to the Presbytery of
New South Wales, in the Minute of which a Copy is subjoined for
information of the Secretary of State for the Colonies.
What further steps shall be taken, in addition to the transmis-
sion by the Commission of the General Assembly of a Pastoral
address to the Ministers, Elders, and people of the Presbyterian
Church in New South Wales, in connection with the church of
Scotland, and a letter of instruction to the Presbytery, must prob-
ably now stand over for the meeting of the General Assembly in
May ; and in the mean time the Committee desire to express to the
Secretary of State for the Colonies their strong and united thanks
for the prompt, cordial, and efficient assistance rendered by his
Lordship, which they earnestly trust will have the effect of re-
storing harmony and peace. D. Macfarlan, Convener.
GLENELG TO GIPPS. 717
[Sub-enclosure No. 2.] 1839.
1 Jan.
Com Resolution of the Synod of Ulster, referred to in the
i • -. , • Resolutions by
preceding Minute. synod of Ulster
At a Special Meeting of the Genera] Synod of Ulster, held at Bel- ^schism in
fast on the L'sth of Augt, 1838, the following Resolutions were (hn'rch °
unanimously adopted: —
1st. That this Synod deeply regret to learn that anything should
have occurred leading to a division of the Presbyterian Church of
New South Wales; especially considering the circumstances of that
important and rising Colony, and the hopes which this Synod had
entertained of its growing Welfare, from the recent additions made
to its Ministry from this and the Mother Church of Scotland.
2nd. That the Directors of the Synod's Mission, under whose
advice the four Ministers connected with this Church proceeded
to that Colony, he empowered to draw up and transmit a letter
explanatory of the Views and expectations of the synod, and re-
commending our Bretheren there, and Ulster Presbyterians gener-
ally, to use their strenuous efforts for the restoration of Unity
and of Mutual confidence and Co-operation throughout the whole
Presbyterian body: and that the Directors be further empowered,
if circumstances should render it necessary, to correspond with
the Secretary of State for the Colonies on this subject.
3d. That the Moderator be instructed to write to the Reverend
the Moderator of the General Assembly of the Church of Scotland,
acknowledging the receipt of his letter and the accompanying docu-
ments; and assuring him of the cordiality and readiness of the
synod to cooperate with the Venerable Assembly in promoting to the
Utmost of their power the peace, purity and extension of the infant
Church in New South Wales: and to transmit forthwith to him
a copy of these resolutions, and of the proposed letter, as soon as it
may be prepared by the directors.
Faithfully extracted from the minutes of Synod by
J. Seatox Reid, D.D., Clerk of Synod.
[Sub-enclosure No. 3.]
Copy of Minute transmitted to the Presbytery of New South Minute of
Wales ; referred to in the preceding document. presbytery of °
At Edinburgh, the seventh day of December, 1838. New Soutb
At a meeting of the Acting Committee of the Committee of the Wales-
General Assembly of the Church of Scotland on Colonial Churches.
The Reverend Doctor Muir in the Chair.
The Acting Committee of the General Assembly's Colonial Com-
mittee, having taken into their consideration the documents accom-
panying a despatch from His Excellency the Governor of New South
Wales to the Right Honorable Her Majesty's Secretary of State for
the Colonies, of date June 12th, 1838, transmitted by His Lordship
to the Assembly's committee, and by them remitted to this the
Acting Committee, in so far as these documents relate to the at-
tempted reconciliation between the Presbytery of New South Wales
and the Ministers composing the so called Synod of New South
Wales, with a view to advising the Presbytery thereon, desire to
communicate to the Presbytery their sentiments as follows : —
The Committee considers the propositions, made by Doctor Lang
in his communications to the Governor, to have been on grounds
718
HISTORICAL RECORDS OF AUSTRALIA.
1839.
1 Jan.
Minute of
instructions to
presbytery of
New South
Wales.
too obvious to require specification, altogether inadmissible ; but at
the same time they regret that the Presbytery did not accede to cer-
tain resolutions proposed by a Minority of their body at their
Meeting on the 13th of May last, which appear to the Committee
to have been calculated to open a door for reconciliation, without
compromising any of the principles which, as a Presbyterian Church
Judicatory, the Presbytery are bound to maintain.
The Presbytery cannot of course in any event acknowledge the
so called Synod as a Church Court, nor recognize the validity of
their Acts of Ordination or licensing; as this would be in flagrant
Violation of the Principles of the Church to which they belong. At
the same time however, the Committee do not perceive any sufficient
reason for the Presbytery insisting on dealing with the Ministers
composing that body, only separately and individually, and refusing
to hold conference with them jointly, which the Presbytery might
do, without in any way recognizing their existence as a duly Con-
stituted Church Court. In general, with reference to their dealings
with these Ministers, the Committee would strongly urge upon the
Presbytery the importance and duty, while they abandon no point of
Substantial principle, of not allowing technicalities or mere forms
to stand in the way of the Grand Object of promoting peace and
union ; and, although they could not possibly restore Dr. Lang,
whose conduct as a Member of their body and subject to their
Authority has been so highly blameable, without his submitting
himself to the discipline of the Church, the Committee urge in the
strongest manner that all their proceedings be marked by the
utmost consideration for the circumstances in which the several
parties have been placed, and the most friendly tenderness and
affection ; and above all that every expression of party spirit be
studiously refrained from and expressed. The Presbytery may
rest assured that, if their object bear the appearance of the achieve
ment of a party triumph rather than the restoration of Brotherly
Union and Christian Charity and the removal of obstacles to the
furtherance of the Gospel, neither the respectability of their
adherents in point of worldly station and character, nor the coun-
tenance of the Government, will permanently maintain them ; nor.
anxiously as the Church of Scotland has exerted herself to support
the legitimate authority of the Presbytery with the prompt and
cordial aid of the Government, actuated by similar views, could she
seek to have it countenanced and maintained longer than it is
exercised for the Spiritual edification and moral improvement of all
classes of the community subject to their superintendence.
[Enclosure No. 2.]
Sir George Grey to Kevd. Principal Macfarlan.
Sir, Dowming Street, 5th January, 1839.
Letter I am directed by Lord Glenelg to acknowledge the receipt
acknowledged. of yom. ietter of the 27th Ulto.. transmitting observations by the
Committee of General Assembly on Colonial Churches on the docu-
ments respecting the Presbyterian Church in New South Wales,
communicated in my letter of the 5th ulto. Lord Glenelg desires
me to express his sense of the gratifying terms, in which the Com-
mittee have acknowledged the course which he felt it right to adopt
with reference to this subject, and he will have much pleasure in
conveying to the Governor of New South Wales the thanks of the
(;i ITS TO GLENELCh 719
CJommittee for his endeavours to effect a reconciliation of the un- 1839.
happy differences in the Presbyterian Church in Now South Wales. Uan.
Lord Glenelg cannot but hope that these differences will speedily
be adjusted through the salutary influence of the views and opinions
contained in the Minute of the Committee transmitted to the Presby-
tery of New South Wales, of which a copy was enclosed in your
letter. I am, &c,
George Grey.
Sib George Gipps to Lord Glenelg.
t Despatch No. 1, per ship Florentia.)
My Lord, Government House, 1st Jany., 1839.
Intelligence having reached this Government of the re-
newal" for another year of the present New South Wales Act,
and of the postponement until the next Session of Parliament of
the Measure, which is to give to the Colony a new Constitution,
it appears to me probable that your Lordship will expect from me
9ome expression of the opinions, which a residence of ten months Proposals by
among them has enabled me to form of the wishes of the People, r(Jf0?m(Jjpps u
and of the extent to which those wishes may safely be complied constitution,
with. I, therefore, avail myself of the earliest opportunity of
addressing your Lordship on the subject. I feel that I might, in
so doing, satisfy myself by assuring your Lordship that I concur Concurrence
(I believe I may say entirely) in the opinions! of my Predecessor sir R°Bou?ke.0i
on the subject, as far at least as I find those opinions upon record.
I concur with him in thinking the present Council to be quite in-
adequate to the wants of the Colony; that it neither affords to the inadequacy of
Governor, in matters of Legislation, the assistance which he has council.^6
a right to expect from it ; nor does it give to the Acts of his Gov-
ernment the support with the People, which the sanction of such
a Body ought to carry with it. I concur also generally with.
Sir Richard Bourke as to the way in which this Body ought to
be remodelled ; as however I have not before me a copy of the Bill
which was prepared by him (with the assistance of Sir Francis
Forbes), and as your Lordship may expect that I should state
more definitely my own opinion, I shall proceed at once (and as
concisely as I can) to do so.
Assuming the time to be come, when Representative Govern-
ment should in some shape be introduced into New South Wales,
and yet that the circumstances under which the Colony is Proposal for
placed are such as to render unsafe the creation of a purely Pnd partly "
Representative Body, I consider that a mixed Body, partly e°unciie
elected and partly nominated by the Crown, offers the best and
readiest means of providing for the wants of the Colony, during
what may be called its intermediate or transition state. Other
* Note 128. f Note 129.
720
HISTOEICAL RECORDS OF AUSTRALIA.
1839.
1 Jan.
Constitution
of council.
Triennial
elections.
Limitation of
constitution.
System for
elections.
Qualifications
for electors.
Electoral
districts.
Members for
Port Phillip.
Method of
elections.
Provision for
representation
of minorities.
means might be found, and I am aware that others have been
proposed by persons whose opinions are entitled to the highest
possible respect; but I feel confidence (after mature consideration
and extended enquiries on the spot) in stating that no form of
Representative Government will be acceptable to the People,
which is not in its fundamental principles analogous to that of
the Mother Country.
The New Legislative Council of Xew South Wales should in
my opinion be made to consist of not less than 24, nor more than
36 Members, of whom not less than one half, nor more than two
thirds, should be elected by the People.
The Elections should be triennial; and the duration of this
Constitution should be for three Elections, or nine years.
Considering the influence which the Government would possess
in such a Council by the nomination of a portion of its Members,
I do not think it would be necessary to give to the Governor the
further power of dissolving it at his pleasure.
Direct Election, by qualified Electors, is the only one which
will I think satisfy the great majority of the People of the
Colony.
The Qualification should be either a £10 household occupancy
within the District, or the possession, clear of all incumbrances,
of Landed or real property to the value of £500 without residence
in the District.
The Colony should be divided into Six Electoral Districts, of
which Sydney should be one.
Each District should elect Three, or Four Members, according
as the total number elected is to be 18 or 24.
A power should be reserved, of adding one Member for the
District of Port Phillip, whenever its population shall amount
to seven thousand souls, And a second when it shall amount to
fifteen thousand.
Polling places should be fixed at convenient spots by the Gov-
ernor; and the Elections throughout the Country should take
place on one and the same day.
Xo person should vote in more than one District, nor for more
than one Candidate, whatever be the number of Members to be
returned by the District. The effect of this method of voting,
in giving to a minority its due influence, is exhibited in the
Report of the Commissioners for Lower Canada, on the Repre-
sentation of the People, par. 27, See page 18 of the General Re-
port, ordered to be printed by the House of Commons on the
20th Feby., 1837; also pages 69 and 72 of the Appendix to that
Report.
GIPPS TO GLENELG. 721
The division of the Country into Districts, the Requisition of 183ft.
Voter- and the mode of conducting elections, as well as of
deciding in cases of controverted Elections, or Election Petitions, Ston<J?r
to be left to the Council itself, and in the first instance to the council.
present Council.
The Qualification for a Member of Council to be the possession Qualification
of property real or personal, within the Colony, to the amount of formembera-
GSjOOOj clear of all debts or incumbrances, Proof to be made to
tne satisfaction of a Committee of the Council (sworn to secresy).
it such proof shall be demanded by any three Members of the
Council.
Residence within the District not to be necessary on the part
of the persons elected.
Emancipists and persons whose sentences have expired to be Emancipists
allowed to vote at Elections (if qualified), but not to sit in the to be eligible
C'l as voters.
ouncil.
The nominated Members to be removable at the pleasure of Removal of
nominee
the Crown. members.
The Governor should not preside in the Council, neither should Exclusion of
any Judge or Ecclesiastic have a seat in it. Retired Judges how- Judges and
ever should be eligible. clergy.
A President of the Council should be named by the Crown. President.
The Governor should convoke and adjourn the Council, as he Council to be
may deem expedient; and he should both open and close their adjourned by
Sessions in person. At other times he should communicate with £°vernor-
the Council by Message, and receive communications from it
through the President or a Deputation of its Members.
The right to initiate Measures (except Money Bills) to be initiation of
enjoyed by any and every Member of the Council. The Governor m
also to have the power of initiating measures by message; and
exclusively the right to initiate money Bills. The Governor to
have the further right to amend Bills, and to return them any
number of times with his amendments. The Governor to con-
firm Bills by giving them his assent, either in person or by Allowance and
Message; and to withhold his assent in the same way, without ofbfllsby"56
the necessity of assigning his reasons. Conferences between the £°vern<>r-
Governor and the Council to be held when demanded by either
party. In such cases, the Council to wait upon the Governor,
not the Governor on the Council. These conferences to be held
with closed doors. The President of the Council and Nine Mem- Quorum.
hers to form a Quorum for the dispatch of business. Rules for
the regulation of its own debates and for the preservation of order
to be made by the Council.
Ser. I. Vol. XIX— 2 Z
722
HISTORICAL RECORDS OF AUSTRALIA.
1S39.
1 Jan.
Alterations
suggested re
administration
of justice.
Abolition of
veto of judges
over acts of
council.
In the portions of the present New South Wales Act (9 Geo. IV,
Ch. 83) which relate to the administration of Justice, the fol-
lowing alterations are I think necessary : —
Clause 7* Should be so altered as to admit of the appointment
of one or more additional Judges;
Clause V. — Military Juries should be abolished;
Clause VIII. — The trial of issues by a Judge and Assessors
should be abolished;
Clause X. — The power of establishing Grand Juries should be
Left to the Local Legislature;
Clause XI. — It should be left to the Local Legislature to estab-
lish (if necessary) one or more Masters in Chancery;
Clause XIII. — Power should be given to the Local Legislature
to establish Circuit Courts, without a previous order in council;
Clause XVII. — Power should be left to the Local Legislature
to give to the Courts of Quarter Sessions a Requests Jurisdic-
tion, with cognizance of money causes to the extent of £30.
Clause XVIII. — The words in this Clause should be omitted,
which require the Courts of Requests to be held under the Presi-
dency of a Commissioner named by Her Majesty. It has long
been considered desirable, wherever there is a Stipendiary Police
Magistrate, to give to the Bench of Magistrates a Requests Juris-
diction to the extent of 40s. or even perhaps of £5; but this part
of Clause 18, which requires each Court of Requests to have a
Commissioner appointed by the Crown, has hitherto prevented it ;
Clause XXII. — The power given by this Clause to the Judges
to put their veto on acts passed by the Governor and Council
should be taken away.
Your Lordship will, I hope, believe that I do not recommend
the above alterations, without having previously had frequent
communications with the Judges on the subject. Two of their
Honors, the Chief Justice and Mr. Justice Willis, have already
favored me with their opinions upon them in writing; and from
Mr. Justice Burton I am in daily expectation of receiving a
similar communication. By the next vessel which may sail from
Sydney, I will forward Copies of these papers to Your Lordship ;
but I should lose the present opportunity, were I now to wait to
have them made.
In the parts of the act which relate to the management of Con-
victs, I would respectfully submit that the following alterations
are necessary:
Clause IX. — The concluding part of this Clause should be so
worded, as expressly to repeal the enactments in the 2nd Clause
of the 2d and 3d Gul. IV, Cap. 62, which have been so frequently
complained of to your Lordship. The Enactments, which
Note 130.
GIPPS TO GLENELG. 723
prevent the Governor from granting Tickets of Leave to persons 1839.
who have not served four, six, or eight years in the Colony '
according as their sentences are respectively for seven or four- p^Ssedr?8
teen years or for life, stand more than anything else in the way tickets of
of the abolition of assignment; and the enactment, which in-
capacitates a Convict from holding property, prevents for the
present our carrying into full effect the order respecting Tickets
of Leave, communicated in your Lordship's Despatch of the
6th July, 1838, No. 147.
Clause XXXIII. — This Clause regulates the issue of Pardons and pardons
in cases where they originate with the Governor of the Colony;
and I would respectfully submit that the parts of it, which
follow after the words M valid and effectual," ought to be omitted.
The retrospective effect given to a Pardon, on the receipt from
England of the Queen's approval, places the person pardoned in
a most anomalous position for the period (generally a year at
least), which must elapse from the time the Governor transmits
his Pardon to England, to the time when the Queen's approval
of it is received. He is still a Convict, and may be treated as
such; but he has afterwards a right of action and may recover
damages against the person so treating him. No retrospective
effect should I think be given to the Pardon; it should take
effect from the day on which the notification of the Queen's
approval is signified in the Government Gazette of the Colony;
and it might be sufficient that the Governor were required to
make this notification within fourteen days from the day on
which he receives it. A Power to suspend a Pardon, even after
it has received the Queen's approval, should also I think be
given to the Governor, to meet cases in which a person recom-
mended for a Pardon may render himself unworthy of it by mis-
conduct during the interval that must elapse between the sending
home of the Pardon, and the receipt of the Queen's approval of
it. In such cases, however, the suspension of the Pardon by the
Governor should be notified in the Government Gazette of the
Colony, also within fourteen days after the receipt of it; and
the cause of the suspension of the Pardon should be reported to
the Secretary of State.
The only further suggestion which I think it necessary to offer Necessity for
to your Lordship on the proposed New Constitution of this decision/f.
r^ • i • i t • i -n appropriation
Colony is that, either by Legislative Enactment or by some of territorial
explicit Instructions from Her Majesty's Government, the course *€
of proceeding may be explained, which is to be followed in the
Appropriation of the Territorial Kevenue of the Colony; on
which subject, I beg respectfully to refer to my Despatches of the
'24
HISTORICAL RECORDS OF AUSTRALIA.
1839.
1 Jan.
Municipalities
proposed.
31st Oct. and 7th Novr. last, Nos. 177 and 180, also to my
Separate Despatch of the 3rd Novr. last.
I have not failed, my Lord, to give my serious attention to
the proposal for making the Electoral Districts into Municipali-
ties, and with an anxious desire also, I will say, to see it effected
if possible; but I must avow that, after the most attentive con-
sideration of the subject, and consulting on it with the persons
in the Colony most capable of giving an opinion, I am forced
to the conclusion that it is in Sydney alone that a Municipal
Body could at present be formed with any advantage.
I have, &c,
Geo. Gipps.
2 Jan.
Transmission
of letter from
T. F. Elliot.
Proposed
sailing: of
ship with
immigrants for
Port Phillip.
Lord Glenelg to Sir George Gipps.
(Despatch No. 2, per ship Fergusson.)
Sir, Downing Street, 2 Jany., 1839.
With reference to my Despatch No. 236 of the 10 Ultimo,
I now transmit to you a copy of a letter from the Agent General
for Emigration, intimating the probability of his dispatching
an Emigrant ship to Port Philip about the month of April or
May next. I have, &c,
Glenelg.
[Enclosure.]
Mr. T. F. Elliot to Under Secretary Stephen.
Sir,
2 Middle Scotland Yard, 18 Deer., 1838.
In reference to your letter of the 10th ultimo, mentioning
Lord Glenelg's wish that, if practicable, arrangements should be
made for sending a ship with Emigrants direct to Port Philip, I
have the honor to state that, in obedience to His Lordship's desire,
I will endeavour to collect a party of people for that destination
by the month of April or May, which will be the date of sailing
of the first Emigrant Ships next season. I cannot of course have
the same assurance of collecting them for a new Place as for dis-
tricts, to which a considerable number of the friends and Neigh-
bours of people in this Country have already proceeded ; but it will
be my duty to do my best, and I would take the liberty of men-
tioning that it has for some time been my wish to be able to devise
the best means of encouraging by Emigration from home the pro-
mising settlement of Port Philip.
I would suggest that Sir George Gipps should be apprized at
once of the intention to endeavour to send a Ship about the month
of April or May to Port Philip.
The propriety of sending more Ships to the same quarter and
the number to be so sent will probably be considered to depend in a
great measure on the accounts, which may in the mean while
arrive of the state of the settlement. I have, &c,
T. F. Elliot.
GLENELG TO GIPPS. 725
Lokd Qlenelg to Sir George Gipps. i839.
(Despatch No. •". per ship Fergusson.) 2 Jan*
Sir, Downing- Street, 2nd January, 1S39
I have received your dispatch No. 109 of the 15th July Despatch
last, reporting the course which you had adopted for the disposal ;uk,l0Wiedged.
of certain Natives of the Feejee Islands, who had found their
way to Sydney.
I transmit to you herewith a copy of a letter from the Secre- Approval of
tary to the Treasury approving of the expenditure, which you ^return re
incurred in sending the natives back to their Country. I have ofFijians.
however to call your attention to the observations contained in
the enclosed letter in regard to the mode of directing issues from
the Military Chest.
1 have referred your dispatch ±so. 109 to the Lords Commis-
sioners of the Treasury for their further information on this
Bubject, and with the recommendation that the maintenance of Maintenance
the Tonga Chief should be defrayed, as you propose, by the chief.ngan
Public. That dispatch had not reached this Department at the
date at which the enclosed letter was written. 1 have, &c,
Glenelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers, 17th December, 1838.
I have it in command from the Lords Commissioners of Her Approval of
Majesty's Treasury to transmit copies of a letter from Depty. expenditure on
Commissary General Miller, dated New South Wales, 20th July last, j^"™^
and of the Letter addressed to him by the Colonial Secretary con-
veying the directions of the Governor for the issue from the Mili-
tary Chest at Sydney of the sum of £39 19s. Id. on account of the
Expenditure incurred in providing Rations and Clothing for
11 Natives of the Fegee Islands, found at Sea and landed in that
Colony ; and I am directed to request that you will lay these papers
before Lord Glenelg and apprize His Lordship that, under the cir-
cumstances stated, my Lords have admitted the expense as a
charge upon the funds of this country, altho. they desire it may be
considered that they will not consider such a sanction as a prece-
dent, for future occasions, because they think as a general principle instructions
that such charges should be borne upon the revenues of the Colony, re issues from
but that, as by their Lordships' regulations all issues from the military chest.
Military Chest except for Convict services can only be correctly
made on an authority from the Officer commanding the Troops,
they would be glad if His Lordship would point out to Sir George
Gipps that his views on the subject should have been addressed to
the Officer Commanding and not by the Colonial Secretary to the
Commissariat Officer. I have, &c,
F. Baring.
[Sub-enclosure No. 1.]
Dep. Com.-Genl. Miller to Secretary of Treasury.
Sir, Commissariat Office, Sydney, 20th July, 1S38.
For the information of the Lords Commissioners of Her Ma-
jesty's Treasury, I transmit herewith a copy of a Letter from the
726
HISTORICAL RECORDS OF AUSTRALIA.
1839.
2 Jan.
Expenditure
on Fijians.
Orders for
maintenance
of Fijians and
Tongan chief.
Colonial Secretary, dated 12th May last, conveying the directions
of the Governor for defraying from the Military Chest the expense
of maintaining 11 Natives of the Fegee Islands, who were found
at Sea and landed in this Colony, where they remained from the
23rd April to the 3rd Instant, when they were taken on board Her
Majesty's Ship Conway to be conveyed to their homes.
The expense incurred for provisions for the purpose was
£34 3s. 2d., and Clothing was also supplied to them from the
Ordnance Stores to the value of £5 15s. lid.
I have, &c.,
W. Miller, D.C.G.
[Sub-enclosure No. 2.]
Colonial Secretary Thomson to Dep. Com.-Genl. Miller.
Colonial Secretary's Office,
Sir, Sydney, 12th May, 1838.
Nine Natives of the Fegee Islands having been picked up at
Sea by the Schooner " Jess," and brought to Sydney, I am directed
by the Governor to inform you that, as these men are thrown upon
the hospitality of Government and may if treated well be made the
means of much good and perhaps have the power of saving the
lives of shipwrecked Europeans in their own country, His Excel-
lency has desired an arrangement to be made for lodging and sup-
porting them until some opportunity offers of returning them to
their native place. Accordingly the Master Attendant at the desire
of His Excellency has procured permission from Mr. Mitchell for
them to lodge on board the Macclesfield ; and I am directed by
Sir George Gipps to request that they may each be supplied with
the following weekly ration by your Department, as the cost must
be borne by the Military Chest, the Empire at large being con-
cerned in the civilization of the Islands of the South Seas, namely,
7 lbs. Beef; 7 lbs. Bread; 7 lbs. Vegetables; 2 oz. Tea (two
ounces) ; 1 lb. Sugar (one pound).
Rations are also to be supplied of the same articles to a Chief of
Tonga and his man, who are to be lodged with the others, making
in all Eleven persons to be victualled. I have, &c,
E. Deas Thompson.
Correspondence
re passage
for bishop of
Australia.
Lord Glenelg to Sir George Gipps.
(Despatch No. 4, per ship Fergusson ; acknowledged by
Sir George Gipps, 24th December, 1839.)
Sir, Downing Street, 2nd January, 1839.
I transmit to you herewith for your information and guid-
ance copies of a correspondence between this Department and the
Board of Treasury, relative to the payment of the passage of the
Bishop of Australia on board Her Majesty's Ship Conway, when
on a visitation within his Diocese between the 7th of April and
the 16th of June last. I have, &c,
Glenelg.
GLENELG TO GIPPS. 727
[Enclosure No. 1.] 1839.
2 Jan.
Mr. F. Baring to Dnder Se< retain Stephen.
Sir. Treasury Chambers, 20th December, 1S3S.
I have it. in command from the Lords Commissioners of Her
Majesty's Treasury to transmit Copy of a Letter from the Board
of Admiralty, dated LOth Instant, recommending the payment of Payment for
£156 to Captain Bethune, of II. M.S. "Conway," for the passage of (jfgjg8^1
the Bishop of Australia, when on a visit to the different Districts h.M. ship
of his Diocese between Tfh April and 16th June last, and I am Conway.
directed to request that, in submitting the same to Lord Glenelg,
you will state that my Lords apprehend the charges of the Bishop
of Australia's Periodical Visitations will he defrayed from the
Revenues of the Colonies comprised within the Diocese, and that
the Agent General for New South Wales and Van Diemen's Land
should therefore be instructed to discharge the Claim in question.
I have, &c,
F. Baring.
[Sub-enclosure.]
Sir Johx Barrow to Mr. A. Y. Spearmax.
Sir, Admiralty, 10th December, 1S38.
Her Majesty's Ship Conway having afforded a passage to Payment
the Bishop of Australia when on a visit to the different Districts proposed to
of his Diocese between the 7th of April and 16th of June last, and a D- Bethune-
Lord Glenelg being of opinion that the expence of this passage
should be paid by the Public, I am commanded by My Lords' Com-
missioners of the Admiralty to request you will move the Lords
Commissioners of Her Majesty's Treasury to cause the sum of
one hundred and fifty six pounds to be paid to Mr. J. A. Ince,
Agent to Captain C. R. Drink water Bethune of the " Conway," on
that officer's account, as the Allowance to which he is entitled for
the passage in question. I have, &c,
Jno. Barrow.
[Enclosure No. 2.]
Uxder Secretary Stephex to Mr. A. Y. Spearmax.
Sir, Downing Street, 7th January, 1839.
Having laid before Lord Glenelg your letter of the 20th Payment to
ultimo. I am directed to request that you will acquaint the Lords be made by
Commissioners of the Treasury that the Colonial Agent has been colomal a£ent-
directed to pay to the Agent of Captain DrinkwTater Bethune the
allowance of £156, to which he appears to be entitled on account of
the passage afforded to the Bishop of Australia in Her Majesty's
Ship Conway. Lord Glenelg has directed that the Agent should
make this payment in the first instance from the Revenue of New
South Wales, and should inform the Governor of that Colony that
he has so done in order that a proper adjustment may be made of
the charge if the visitation of the Bishop should have extended to
Van Diemen's Land.
Lord Glenelg has also instructed the Governor to notify to the instructions
Bishop of Australia that a communication should be made to this to bishop re
future
payments.
Department on every occasion, on which he applies to any of Her fl
Majesty's Naval Officers for a passage, and that in the present case,
728
HISTORICAL RECORDS OF AUSTRALIA.
1839.
2 Jan.
as in all others, any payment made on this account in the absence
of express advices from him can be considered only as advances,
made provisionally on his credit and subject to be charged against
him in account, unless the specific expenditure should be expressly
approved by the Secretary of State. I have, &c,
James Stephen.
Despatch
acknowledged.
Reference to
treasury of act
re intestate
estates.
Denial of
claims of
J. E. Manning.
Lord Glenelg to Sir George Gipps.
(Despatch No. 5, per ship Fergusson.)
Sir, Downing Street, 2nd January, 1839.
I have received your dispatch No. 101 of the 8th July
last, enclosing a copy of an Act of the Local Government for the
Investment of Monies belonging to Intestate Estates by the
Supreme Court in the Sydney Savings Bank.
I have thought it right to refer this Act for the consideration
of the Lords Commissioners of the Treasury before finally signi-
fying to you the Queen's Pleasure with regard to it.
With reference to the representation of the Registrar of the
Court as to the injury, which he would sustain by the removal
of the property in question from his custody, I cannot admit
that he has the least ground of complaint on that account.
From the explanations which I have received from Mr. Stephen
in reference to Mr. Manning's statement of conversations with
him, I am satisfied that Mr. Manning has no reasonable cause for
disappointment on account of any such expectations as he de-
scribes to have been held out to him at this Office.
I may take this opportunity of observing that no claims can
be entertained by Public Officers or indeed by any individuals
proceeding to New South Wales, which rest merely on verbal
communications alleged to have been held either with myself or
with any Member of this Office. I have, &c,
Glenelg.
Despatch
acknowledged.
Instructions
re restoration
of property
to convicts.
Lord Glenelg to Sir George Gipps.
(Despatch No. 6, per ship Fergusson.)
Sir, Downing Street, 2nd January, 1839
I have received your dispatch No. 69 of the 1st May last,
in which you submit the question as to the restoration of pro-
perty to Convicts on their obtaining Tickets of Leave, and par-
ticularly with regard to the case of the Convict Herring.
Having referred that question for the consideration of the
Secretary of State for the Home Department, I now transmit,
for your information and guidance, a copy of the communica-
tion, which has been received in reply with the report therein
GLENELG TO GIPPS. 729
enclosed from the Law Officers of the Crown; and I beg to call 1839.
your attention to the suggestion of Lord John Russell that in ^*
general, if the practice of restoring to Convicts part of the pro- Jj^SoSSSon
perty forfeited be continued, the sums given up or rather granted of property
to the Convict (to which he has no title by law) should not
exceed Twenty five or Thirty Pounds. I have, &c,
Glenelg.
[Enclosure.]
Mi;. S. M. PHILLIPPS TO r.\Di:i; SECRETARY STEPHEN.
Sir. Whitehall, 18th December, 1838.
I have laid before Lord John Russell your Letter of the Letter
L6th Ultimo, enclosing the copy of a Despatch from the Governor acknowledged.
of New South Wales on the subject of Property belonging to con-
victs en their obtaining Tickets of Leave, and particularly with re-
gard to the ease of Henry Herring, a Transport for life, who has
received that Indulgence, and has applied for a sum of money which
had been placed in the Savings Hank at Sydney on his arrival in
that Colony; and also for the restoration of some .Jewellery, which
was in his possession at that time, but was soon afterwards sent
to this Country for the reasons stated in the then Governor's Des-
patch, enclosed in Lord Bathurst's letter to this Office of the Oth of
March, 1S27.
Lord John Russell, in order to put Lord Glenelg in possession of
the opinion of the Law Officers upon a case hearing upon this sub-
ject, which had been referred to them, has directed me to transmit
to you a copy thereof for his Lordship's information, in which
opinion Lord John Russell fully concurs ; and under these circum- Refusal to
stances he thinks that no part of the Remaining property above restore
referred to in the case of Henry Herring, mentioned by Sir G. Gipps, n^HTrdng.
ought to be restored to that person. And in general Lord John
Russell is of opinion that, if this practice of restoring to Convicts Limitation of
part of the property forfeited be continued in the Colony, the sums suins tohe
given up or rather granted to the Convict (to which he has no title convicts. °
by law) should not exceed twenty five or thirty pounds.
I am, &c,
S. M. Phillipps.
[Sub-enclosure.]
Case as to the disposal of deceased Convicts' effects, deposited
in the Savings Bank at Van Diemen's Land.
The following is copy of a representation, made by the Commis-
sioners for Auditing the Public Accounts to the Lords of Her Ma-
jesty's Treasury : —
My Lords, Audit Office, 22d June, 1S36.
We beg leave to represent to your Lordships that it appears Problem of
ou the examination of the Accounts of the Treasurers of New South disposal of
Wales that, for some years past, small sums are occasionally deceased
brought to credit in respect to proceeds of the effects of Convicts, convicts.
who have either died on their passage out or since their arrival
in the Colony, which are paid into the Colonial Chest with a
view, as it is stated, of their being remitted to the Agent in London
for the purpose of being paid over to the representatives of the
Party.
730
HISTORICAL RECORDS OF AUSTRALIA.
1839.
2 Jan.
Problem of
disposal of
property of
deceased
convicts.
The sums in question are not however in the first instance re-
mitted to the Agent, but notice of their having been received is
given to Mr. Barnard, that he may be aware of the circumstance,
in case any application should be made to him by the persons
entitled to such proceeds. There are few instances of any such
applications having been made; and the sums paid in to the Colonial
Chest therefore generally remain deposited there.
We have now four such cases before us in respect of proceeds
of Convicts' effects lodged in the Colonial Chest at New South
Wales in the years 1828, 1829, 1830, and not paid to the representa-
tives of the parties; and. although the amount of the whole does
not exceed £45, it appears to us that these monies, when not paid
over to the parties entitled to them, ought not to be applied to
colonial purposes.
We do not think it necessary to enter into the question whether
convicts can in strictness legally acquire Property, as we find by
the Accounts that practically they do so in various ways ; and that
Salaries, Wages, and occasionally Rewards are paid to them ; but
it appears to us that proceeds of effects of Deceased Convicts ought,
when received into the Colonial Chest, to be remitted home, and
placed to the account of some fund applicable to the Convict
Establishment.
We apprehend that Mr. Capper, the Agent for Convicts, would be
the most proper person to take charge of such monies, which he
could hold until the same were claimed by the representative of
the parties; and that the accounts and documents in each case
should be delivered to him in order that he may be able to give in-
formation to applicants, and to report to your Lordships when
called upon, in consequence of any such application being made.
If your Lordships should concur in this suggestion, we beg leave
to recommend that directions be given to the Governors of New
South Wales and Van Diemen's Land to remit to the Colonial
Agent the whole of the Proceeds of Convicts' effects now remaining
in the Colonial Chests, and to transmit to him at the same time the
whole of the papers applicable to each case; and that the same
course be pursued in future with regard to all monies of the same
description, which may be deposited in the Chests of the above
Colonies.
The Colonial Agent on the receipt of such remittances should pay
over the amount to Mr. Capper, and include such receipts and
payments in his accounts with the public. We have, &c,
F. S. Larpent.
H. F. LUTTRELL.
J. OSBORN.
The Lords of the Treasury were pleased to order a return to be
made of the unclaimed Effects of deceased Convicts in possession of
the Government of Van Diemen's Land; and the accompanying
statement shewing the amount and names of every Deceased Con-
vict, to whose credit money has been placed in the Institution
originally, with Interest due thereon to 31 December, 1836, has been
transmitted to the Lords of the Treasury, by which it appears that
there is a sum of £381 18s. 10M. standing to the account of the
several persons therein named.
Upon enquiry at the Home Office, it is understood that it is the
practice to take from the Convicts, before or at the time of their
embarkation, all sums of money which may be in their possession,.
GIPPS TO GLENELG. 731
to remit them to be invested in the Savings Bank at Van Diemen's L839.
Land, in which Bank also the savings of Convicts, having what 2 Jan-
are termed tickets of leave and conditional Pardons from the problem of
Governor, arc invested. The monies, of which the total of disposal of
£381 L8s. tOAd. is formed, arc composed of both these descriptions property of
o\' Property; bul there is no means of distinguishing them in this convicts.
( lounl ry.
By the 5th Geo. 4, Cap. 84, Sec. 26, it is enacted quid vide.
In dealing with the property of deceased Felons, it has been
the practice for the Crown, under the advice of the Lords of the
Treasury, to distribute their effects in the same manner as they
would have been divisible under the Statutes of distribution in case
i^\' [ntestacy, provided the parties are tit objects of the Crown's
Bounty.
Lord John Russell has been pleased to direct these papers to be Legal opinion
laid before the Attorney and Solicitor General for their opinion. re disposal of
Whether the said several sums of .Money in the Savings Bank, deceased
standing in the name of the said Convicts, belong to the Crown? convicts.
We are of opinion that so much of the before mentioned sum of
£381 18s. 10M. as is made up of sums taken from Convicts before
or at their embarkation, with Interest for the same, belongs to the
Crown; but that so much as consists of sums saved by Convicts,
having received absolute or conditional remissions of punishment
from the Governor, as mentioned in the statute 5 Geo. 4, Cap. 84,
S. 20, belongs not to the Crown, but to the representatives of the
deceased Convicts.
And if so whether there is any objection to the Government taking
possession of this Money and applying it to the purposes of the
Convicts' Establishment in England or the Colony?
We see no objection to the Government taking possession of so
much of this Money as belongs to the Crown, and applying it as
proposed. J. Campbell.
R. M. Rolfe.
Temple, 29th November, 1837.
Sir George Gipps to Lord Glenelg.
(Despatch No. 2, per ship Hygeia ; acknowledged by
lord John Russell, 4th September, 1S40.)
My Lord, Government House, 2 Jany., 1839.
By your Lordship's Despatch of the 30th Jany. last Xo. 71, instructions
I was directed to transmit to your Lordship a more ample report, necessity for
than had been furnished by my Predecessor, on the necessity of crown
the appointment of a Crown Prosecutor in New South Wales, Pr°
the nature and amount of business transacted at quarter Sessions,
and also the opinions of the Judges and Magistrates holding
Sessions, on the creation of the office. By the same Despatch, I
was also directed to notify to Mr. Holden that, even if it should
be considered proper to sanction the establishment of such an
office, he must be considered as holding it only provisionally.
I have first to report to your Lordship that, on making
this communication to Mr. Holden, he instantly tendered his
732
HISTOEICAL RECORDS OF AUSTRALIA.
1839.
2 Jan.
Resignation of
G. K. Holden
as crown
prosecutor.
Transmission
of reports re
quarter sessions
and necessity
for crown
prosecutor.
Opinion of
judges ;
of attorney-
general ;
of chairman
of quarter
sessions ;
and of
magistrates.
resignation of the newly created office, and that he accordingly
ceased to be Crown Prosecutor with the expiration of the year,
which ended on the 31st Ulto.
A copy of Mr. Holden's letter, I have herewith the honor to
enclose.
I have also the honor to enclose Copies of the following docu-
ments, received in answer to the communications, which, by your
Lordship's orders, I caused to be made to the Judges, Magis-
trates and others, as to the nature and amount of the business,
transacted at Quarter Sessions, and the necessity for the ap-
pointment of a Crown Prosecutor.
A Letter from the Judges, dated 9th Augt, 1838.
A Second Letter from the Judges, in which the mode of pro-
ceeding, recommended by their Honors, at Quarter Sessions is
more specifically detailed, though this letter was written in an-
swer to a reference made to them on the subject of the duties
of the Clerk of the Peace.
A Letter from the Attorney General, dated the 23rd Oct.
A Letter from the Chairman of Quarter Sessions, dated the
19th Sept,
An Abstract of the Answers from the Magistrates of different
Benches, shewing their opinions as to whether or not the appoint-
ment was necessary.
In these various documents, there is so little harmony that I
may confess to your Lordship, they served rather to perplex than
enlighten me.
The Judges expressed their opinion that the Attorney General
should be represented in the Courts of Quarter Sessions by a
Barrister, but that the appointment of any one Barrister to
represent him, under the name of a Crown Prosecutor, was not
desirable. (Mr. Holden, your Lordship is aware, was not a
Barrister.)
The Attorney General earnestly insisted on the necessity of
the appointment of a Crown Prosecutor, and preferred that he
should be a Barrister.
The Chairman of the Quarter Sessions concurred entirely with
the Attorney General.
The Benches of Magistrates were nearly equally divided; but
those, who were against the appointment of a Crown Prosecutor,
considered that the Crown business at Quarter Sessions might
be conducted entirely by the Clerk of the Peace, therein differing
not only from the Chairman and Attorney General but also from
the Judges.
Considering the authority of the Judges to be in matters of
this sort the highest, I determined in the first instance to act
GIPPS TO GLENELG. 733
upon their recommendation; and, after several personal confer- 1839.
ences with their Honors, I drew out a plan, of which the following" '
is the outline:— Solved for
1. That there should be no Crown Prosecutor; c?SwS°tof
2. That Informations should be drawn in the office of the prosecutions.
Crown Solicitor, in the same way for Quarter Sessions as they
are for the Supreme Court;
3. That a Clerk from the same office should attend at Quarter
Sessions, and that with his assistance the Chairman should dis-
pose of all cases, which did not in the opinion of the Attorney
General, require the employment of Counsel;
4. That, in cases in the opinion of the Attorney General re-
quiring- the employment of Counsel, Briefs should be delivered
by the Clerk from the Crown Office to such Barrister or Bar-
risters (in attendance on the Court) as the Attorney General
might direct;
5. That the ordinary fee in such cases to Counsel should be
One Guinea; and that no more should be given, without special
direction, either from the Attorney General or the Governor;
6. That the Office of Clerk of the Peace for Quarter Sessions
for the County of Cumberland should be abolished, and that the
same person, who acts as Clerk to the Bench of Magistrates,
should at each place act as Clerk of the Peace.
My order for carrying this plan into effect was scarcely pro-
mulgated, when I received from the Attorney General so strenu-
ous a remonstrance against it, that I requested the three learned Conference
Judges to meet him at Government House and to hold a confer- JnTJttofney-
ence with me on the subject. In this conference, it was argued general.
by the Attorney General, and I think successfully, that the new Arguments
plan would be neither economical nor efficient ; that Barristers ienerairaX"inst
would not be induced to attend at the distant places where proposed °
Quarter Sessions are held (Bathurst and Maitland) for so small sy
a fee as one Guinea; That Defendants would also be found to
pay better than the Crown, fifty Guineas being now by no means
an uncommon fee offered to induce a Barrister, or even a So-
licitor in good practice, to go to Bathurst; and that, in cases of
importance, such as appeals against Convictions for the illegal
sale of Spirituous Liquors, in which the Appellants are fre-
quently people of considerable wealth though of low character, all
the Barristers in attendance would be engaged against the Crown.
These arguments, My Lord, had considerable effect not only
on myself but on the learned Judges ; and the conference ended Modification
in their Honors declaring that, as they had neither presided nor ^JS"011 of
practised at Quarter Sessions within the Colony, they did not
734
HISTORICAL RECORDS OF AUSTRALIA.
1839.
2 Jan.
Appointment
of F. Moore
as crown
prosecutor.
Report re
quarter
sessions.
wish to press their opinions against those of persons, who had by
long experience acquired an intimate knowledge of the Courts.
Such being the result of the conference, I considered it right
to recall the order which I had just issued; and, Mr. Holden
having resigned, I beg leave to state that I have, on the recom-
mendation of the Attorney General and the Judges, appointed
Mr. Francis Moore to act as Crown Prosecutor at Quarter Ses-
sions, until your Lordship's pleasure shall be known.
Mr. Moore has been less than a year in this Colony, but he is
an English Barrister, admitted to the Bar in 1836, and went in
England the Oxford Circuit.
For information respecting the amount of business usually
transacted at Quarter Sessions, I beg to refer your Lordship to
the letter of the Chairman, Mr. W. M. Manning, which is among
the Enclosures to this Despatch. I have, &c,
Geo. Gipps.
[Enclosures.]
[Copies of these papers will be found in a volume in series IV.~\
3 Jan.
Inconvenience
caused by
inefficiency of
F. Garling as
clerk of peace.
Retirement of
F. Garling and
appointment of
E. Rogers.
Sir George Gipps to Lord Glenelg.
(Despatch No. 3, per ship Hygeia ; acknowledged by
lord John Russell, 16th December, 1839.)
My Lord, Government House, 3rd Jany., 1839.
I beg leave to inform your Lordship that, in the month of
May last, a report was made to me by the Attorney General of
the great inconvenience, which frequently occurred at Quarter
Sessions, from the inefficiency (arising from age and infirmity)
of the Clerk of the Peace, Mr. Garling; but the arrival of your
Lordship's Despatch, No. 71 of the 30th Jany., 1838, having
rendered necessary an enquiry into the mode of conducting busi-
ness at the Quarter Sessions, I postponed, until after that enquiry
should be finished, the consideration of the retirement of Mr.
Garling, his duties being intimately connected with those of the
Crown Prosecutor; having however, in my Despatch of yesterday,
No. 2, reported to your Lordship the circumstances under which
I have thought it necessary to appoint Mr. Francis Moore to act
as Crown Prosecutor, I now beg further to inform your Lordship
that I have sanctioned the retirement of Mr. Garling from the
office of Clerk of the Peace, and appointed as his successor Mr.
Edward Rogers.
The salary enjoyed by Mr. Garling was £lfi0 a year, and he had'
an allowance also of £100 a year for travelling expences. His
appointment was that of Clerk of the Peace for the County of
Cumberland: and he attended as such at the Quarter Sessions,
GIPPS TO GLENELG. 735
which are held at each of the four following places within that 1839.
County, vi/.t., Sydney, Parraniatta, Campbell Town and Windsor. __'
His duties however did not extend to the two other places, Mait- J^qJJjj*
land and Bathurst, at which Quarter Sessions are held, they
being beyond the County of Cumberland. Mr. Garling was
allowed qo Clerk to assist him in his duties; and, as his in-
firmities increased, instances of negligence in the serving of instances of
subpoenas, the lodging of informations, or the bringing Prisoners R^Garling0
to trial, became more frequent. In the month of May last, when
the Court was opened at Campbell Town, the Prisoners were
thirty miles off at Sydney; and at the same place, at the Quarter
Sessions of Novr. last, though the Prisoners were there, no wit-
nesses had been summoned.
Mr. Garling came to New South Wales 24 years ago, under an Terms of first
agreement which was communicated to Governor Macquarrie by F.^GadTrf"* °f
a Despatch from Lord Bathurst, dated the 5th July, 1814, !No. 31;
Mr. Garling insists that the Salary of £300 a year, mentioned in
that Despatch, was secured to him only as a compensation for
giving up his prospects in England, and that he was entitled
to receive and did receive for many years remuneration for his
services to the Local Government, without any abatement on the
account of his salary. I transmit herewith a Copy of a letter,
which I have received from Mr. Garling on this subject; and, Claim of
though I cannot admit that he has entirely made out his case, I annual safary.
find an impression very generally to exist in the Colony that he
came out from England under an engagement, w<hich entitles
him to an income for life of at least £300 a year. Mr. Garling
having been allowed no Clerk, the Records of the Courts of
Quarter Sessions, of which he is the keeper, are understood to
be in a very confused and unsatisfactory condition; on this
subject, as well as on that of his employment generally, I beg
leave to refer to a letter from the Judges, dated the 17th Sept.,
1838, of which I forwarded a Copy with my Despatch of yester-
day. No. 2.
Mr. Garling states his age to be 63. I propose to give him for Records of
the present year 1839 the sum of £300, but on condition that, Ssions to be
within the year, he shall arrange in a proper manner and deposit pr™ng^.d b^
in a place to be appointed for the purpose all the records and
other documents relating to the Courts of Quarter Sessions,
which are now understood to be in his private residence; and I
would further ask your Lordship's permission to propose to the
Legislative Council such a retiring allowance (not exceeding Proposed
£300 a year) as your Lordship may be pleased to sanction, or commutation
such an equivalent in ready money as the Legislative Council allowance.
may be disposed to vote; The Council having on recent occasions,
736
HISTORICAL RECORDS OF AUSTRALIA.
1S39.
3 Jan.
Qualifications
of E. Rogers.
Proposed duties
of E. Rogers.
Proposed
confirmation of
appointment.
referred to in my Despatches of the 13th Oct, last, Nos. 162
and 163, manifested a preference for this mode of remunerating
Public officers on retirement.
Mr. Kogers, whom I have, appointed Clerk of the Peace (sub-
ject to your Lordship's approval), is an Attorney of the Supreme
Court, and twenty seven years of age. He has been employed
for some years in the office of the Crown Solicitor (Mr. Fisher)
and is, of any persons who would undertake the office, the most
competent I could select. In addition to the duties with which
his predecessor was charged, he will in many (if not all) cases
have to prepare Briefs for the Crown Prosecutor. Mr. Holden,
the late Crown Prosecutor, being himself an Attorney, drew his
own Briefs, or rather acted in most cases without them; but,
a Barrister being now appointed, the etiquette of the profession
will, I believe, entitle him to have Briefs, if he choose to demand
them.
I beg in conclusion to recommend Mr. Rogers to your Lordship
for confirmation in the office, to which I have provisionally ap-
pointed him. I have, &c,
[Enclosure.] Ceo. Gipps.
[A copy of this letter is not available.]
4 Jan.
Despatch
acknowledged.
Approval of
action re
schooner
Sir David
Ogilby.
5 Jan.
Lord Glenelg to Sir George Gipps.
(Despatch No. 7, per ship Fergusson.)
Sir, Downing Street, 4th January, 1S39.
I have received your despatch and its enclosures No. 108,
of the 15th of July last, reporting a fatal attack, which had
been made on a British Schooner called the " Sir David Ogilby "
by the natives of one of the Feejee Islands.
I approve of your proceedings in this unfortunate case, and
I have recommended the Lords of the Treasury to sanction the
payment, which you have authorized to be made to three of the
crew of the " Sir David Ogilby," who have again proceeded to
the Feejee Islands in Her Majesty's Ship " Conway " for the
reasons stated in your despatch. I have, &c,
Glenelg.
Sir George Gipps to Lord Glenelg.
(Despatch No. 5. per ship Hygeia ; acknowledged by
marquess of Normanby, 8th July, 1839.)
My Lord, Government House, 5 Jany., 1839.
With my despatch of the 5th Octr. last, No. 156, I trans-
mitted to your Lordship a Copy of a letter from Mr. Busby,
British Resident at New Zealand, containing a Report of the
GIPPS TO GLENTCLG. 737
way in which a Native of that Island had been tried and executed ^f/
for the murder of a British subject, and also a Copy of the
opinion expressed oil the nature of that proceeding by the At- aif£ execution*
feorney General of New South Wales. of Maori.
I have now the lienor to submit to your Lordship a Copy of
the letter, which Mr. Busby has addressed to me on being fur-
nished by me with a Copy of the Attorney General's opinion.
I have, &c,
Geo. Gipps.
I Enclosure.]
[.4 copy of this letter will be found in a volume in series 777.]
Sir George Gipps to Lord Glenelg.
(Despatch No. <;. per ship Ilygeia ; acknowledged by
marquess of Normanby, 1st August. 1839.)
My Lord, Government House, 6th Jany., 1839. 6 Jan.
The increase in the trade and shipping of the Port of Necessity for
, , , £ • • vr i health officer
Sydney, and the frequent recurrence 01 cases requiring \ essels for port of
to be placed in Quarantine, have been such as to cause of late s^dne>"-
much inconvenience to be felt both by this Government and the
Public, from the want of an officer of Health, who should, as is
customary in considerable harbours of all Nations, visit every
ship on its arrival, examine into the state of health of all on
board, and be the organ of the Government in carrying the
Quarantine Laws into effect. From the want of a Professional
Health Officer, ships are now frequently detained at the entrance
of Port Jackson on the report only of the subordinate officer of
Customs, who is the first to visit them; after his report is re-
ceived, delay frequently will occur in finding a Medical Officer to
send down the Harbour, and, when the services of one are
engaged, they must of course be paid for by the Local Gov-
ernment.
When Emigrant Vessels are in Quarantine, a similar want has
been felt of some Professional person, through whom the Gov-
ernment may communicate with the Medical officers in the
Lazaretto, and by whose advice it may be guided; and finally, a
difficulty frequently has arisen in affording Medical assistance to
Emigrants, who have landed or come from the Quarantine ground
in a state to require it.
It is under these circumstances, I beg to report to Your Lord- Appointment
ship, that I have appointed Mr. John Dobie to be Health Officer of 3' Dobie-
of the Port of Sydney, and to perform the duties above men-
tioned, subject to your Lordship's approval.
Ser. I. Vol. XIX— 3 A
738
HISTORICAL RECORDS OF AUSTRALIA.
1839.
6 Jan.
Qualifications
of J. Dobie.
Salary for
health officer.
Mr. Dobie is a Surgeon in the Navy of high character, and of
great zeal and activity. He has made there voyages to this
Colony in charge either of Convict or Emigrant ships, has served
twice as Surgeon to Flag ships, and been in Medical charge of
the Naval Department at Trincomalee. He came last to this
Colony as Surgeon Superintendent of the ship " Duncan," which,
after a very protracted and boisterous passage, arrived in very
good condition. He also a few weeks ago went voluntarily into
Quarantine in order to assist in the Medical attendance on the
Emigrants by the "William Koger."
The salary, which I propose to give to Mr. Dobie, is £300 a
year without other allowances of any sort; but with permission
to practice privately.
In the event of your Lordship's approving of the appointment
of Dr. Dobie, I beg leave to state, that it will be proper to apply
to the Lords of the Admiralty, for their sanction to his employ-
ment in the Colonial service. I have, &c,
Geo. Gipps.
7 Jan.
Transmission of
suggestions by
judges re
alterations in
administration
of justice.
Alterations to
be left to local
legislature.
Provision for
abolition of
assessors in
supreme court.
Sir George Gipps to Lord Glenelg.
(Despatch No. 7, per ship Hygeia.)
My Lord, Government House, 7th January, 1839.
With reference to my Despatch No. 1 of the present
month, I have the honor now to forward to your Lordship Copies
of the Papers, which I have received from the Judges in answer
to the letter which I addressed to them on the 3rd Deer, last,
soliciting their opinions on the alterations which .it may be
desirable to introduce into the system of Judicature and the
administration of Justice in New South Wales.
As it appeared to me that the greater part of the alterations,
proposed by the learned Judges, are such as might more properly
be left to the regulation of the Local Legislature than made the
subjects of Imperial Enactment, your Lordship will perceive
that I have, with few exceptions, in my Despatch of the 1st instt.,
proposed no farther deviation from the 9th Geo. IV, Ch. 83, than
will be necessary to bring the matters in question within the
immediate cognizance of the authorities on the spot.
One of these exceptions was that I proposed by an alteration
in Clause 8 of the present Act (9th Geo. IV, Ch. 83) to abolish
the mode now in use of trying Issues in the Supreme Court by a
Judge and two Assessors; when I made this proposal, I was
under the impression that all the Judges concurred in recom-
mending it; but, as I find from Mr. Justice Burton's Paper that
this is not the case, I would respectfully beg leave to recommend
GIPPS TO GLENELG. 739
that in this case also, permission only should be given to the 1839.
Local Legislature to make the alteration, whenever it may be a"'
deemed proper to do so. This might probably be effected by the aboHtSof*
insertion of the following words at the commencement of the assessors in
8th Clause*: supreme court.
" Until it shall be otherwise provided by any Act or Ordinance
to be passed as hereinafter directed by the Governor and Council
of New South Wales, or Van Dieman's Land."
I have, &c,
Geo. Gipps
[Enclosures.]
[Copies of these papers will be found in a volume in series IV.']
Sir George Gipps to Lord Glenelg.
(Despatch No. 8, per ship Hygeia.)
My Lord, Government House, 8th Jany. 1839. 8 Jan.
With reference to my Despatch of the 19th Deer, last, Confession of
No. 200, in which I announced to your Lordship that the sentence SuJderera at
of the law had taken its course on seven unhappy men, who had Myall creek,
been engaged in a most atrocious massacre of the Aborigines of
this Country, I think it right to enclose to your Lordship a copy
of a letter written by the Principal Gaoler of Sydney to the
Sheriff, in which the Gaoler (Mr. Keck) states that each and all
of these men, at different times during their confinement, acknow-
ledged to him their Guilt. I have, &c,
Geo. Gipps.
[Enclosure. 1
[A copy of this letter is not available.]
Sir George Gipps to Lord Glenelg.
(Despatch No. 9, per ship Hygeia; acknowledged by
lord John Russell, 29th October, 1839.)
My Lord, Government House, 9th Jany., 1839. 9 Jan.
Herewith I have the honor to transmit to your Lordship protest by
a copy of a letter, which was addressed to me on the 11th Deer, bishop of
last by the Lord Bishop of Australia, in consequence of my having sale of clergy
(in answer to his enquiries) informed his Lordship that I had J^tes1001
been fully authorised by your Lordship to sell a portion of the
Lands, granted to the late Church and School Corporation.
I beg to state that the letter, referred to by the Bishop as
having been written by the Judges on the 8th Augt., 1831, is not
on record in the office of the Colonial Secretary.
* Note 130.
740
HISTORICAL RECORDS OF AUSTRALIA.
1839.
9 Jan.
Protest by
bishop of
Australia re
sale of clergy
and school
estates.
Appropriation
for church of
England.
As I can see nothing in the Lord Bishop's letter to make me
doubt the legality of the orders, which have been so repeatedly
given by different Secretaries of State for the sale of these lands,
and particularly by your Lordship in the Despatch, which was
addressed to me on the 24th Novr., 1837, No. 32, it is my inten-
tion to proceed with the sale of such portions of these lands as
are already advertised.
Considering that the Legislative Council has voted for the
present year not less than £^,000 to defray the expense of the
establishments, for support of which the lands were originally
given, the claim that the lands shall be left unsold, and conse-
quently unimproved, to the detriment of the Colony (since no
man will here expend Capital on Land of which he has not the
fee simple) does, I must say, appear to me preposterous in +he
extreme. I have, &c,
Geo. Gipps.
[Enclosure.]
\_A copy of this letter is not available.^
10 Jan.
Complaint by
J. Catterall re
fine imposed
for contempt
of court.
Replies to
items of
complaint.
Sir George Gipps to Lord Glenelg.
(Despatch No. 10. per ship Hygeia ; acknowledged by
marquess of Normanby, (>th July, 1839.)
My Lord, Government House, 10th Jany., 1839.
I have received from Mr. Joseph Catterall a Copy of a
letter, which he informs me he addressed to your Lordship on
the 15th ulto., in consequence of my having declined either to
remit a Fine, which had been imposed upon him by Mr. Justice
Burton for a contempt of Court, or to institute any enquiry into
the propriety of the conduct of Mr. Justice Burton on that
occasion; and I in consequence enclose for your Lordship's in-
formation a copy of a letter, which I received from Mr. Justice
Burton in answer to my enquiries respecting the imposition of
the fine, as well as a copy of an official report made to me by the
Attorney General.
On the subject of Mr. Catterall' s complaint I will only add:
1st. That he is incorrect in stating that the Attorney General
was employed as Counsel against him; the Attorney General ex-
pressly declares that he was sitting as a spectator in the Court,
when the fine was imposed, having declined to be engaged in the
cause;
2ndly. That Mr. Catterall had been heard by the three Judges
of the Supreme Court, sitting in Banco, therefore that the en-
quiry, prayed by him at my hands, had been already made ;
GIPPS TO GLENELG. 741
3rdly. The imposition of the fine was naturally (as stated by 1S39.
the Attorney General) taken into consideration by the Court,
when judgment was pronounced against him for the offence of
which he had been found guilty. I have, &c,
Geo. Gipps.
I Enclosure No. 1.]
Mr. Justice Burton to Sir George Gipps.
My dear Sir, Sydney; 10th October, 1838.
I return you the Memorial of .Joseph Catterall; the Accusa- statement by
tion against me, which is contained in it, is unfounded. He was w. w. Burton
properly fined; he was heard before the full court by his counsel je oattel?Sl * °f
against that tine: and it was confirmed. Without, therefore, that
Investigation he Solicits. 1 should think the remission of it to be
Improper.
For my own part, 1 have nothing to fear from such an investiga-
tion, but expect that my conduct, which has been much misrepre-
sented by him and others in Concert with him, will appear as clear
to Your Excellency as it does to my own conscience; I am not in-
sensible, however, to the advantages to be gained over me by delay,
if an investigation should hereafter be pressed upon your Excellency
in consequence of the Memorialist forwarding his Complaint to
England : and I would therefore request your Excellency to refer
the Matter to the Attorney General and receive his opinion thereon.
in order that any investigation, which you may be advised to in- immediate
stitute, may take place immediately, whilst there are Witnesses inquiry
enough within reach acquainted, I cannot doubt, with all Joseph Pr°P°sed-
Catterall said, and with all I said and did. on whose evidence I may
safely rely for my Justification. I remain,
W. W. Bcrton.
[Enclosure No. 2.]
Mr. J. H. Pluxkett to Sir George Gipps.
Sir, Attorney General's Office. 12th October. 1838.
I have the honor herewith to return the Memorial of Joseph Report by
Catteral. respecting a fine of £50 lately imposed on him by Mr. J- H. Plunkett
Justice Burton, in which he prays a remission of the fine, or to on J? cStSu
cause such investigation to be made as to your Excellency shall for contempt
seem fit. of court.
After a careful perusal of that Memorial, and balancing its con-
tents with what I know to be the real facts of the case, I cannot
advise your Excellency to comply with the Prayer of it either " by
remitting the fine, or causing any further investigation."
I happened to be present during the whole of Mr. Catterall's
trial. Sitting in my place at the Bar merely as a Spectator, having
declined to be engaged in it as Counsel; therefore the whole of the
Circumstances are within my recollection. The Speech of Mr.
Catterall was of so Extraordinary a nature that it is impossible to
convey an Accurate idea of it to any one who did not hear it.
It appeared to me that, throughout the entire of it, he aimed more
at general abuse of the Military Character, and of Individuals not
before the Court and Strangers to the Case, than at any legitimate
defence of himself.
Mr. Justice Burton repeatedly remonstrated with him in the
mildest manner as to the course he was taking, and also cautioned
742
HISTORICAL RECORDS OF AUSTRALIA.
1839.
10 Jan.
Report by
J. H. Plunkett
re fine imposed
on J. Catterall
for contempt
of court.
him against it, but all to no effect. It was not until the Judge saw-
that remonstrance was in vain, and all his cautions wore dis-
regarded, that he imposed the fine of £50. I thought at the time,
and I think still, the Judge manifested upon the occasion not only
good temper but great forbearance towards Mr. Catterall. . It was
evident to those who heard his Speech that he bestowed much care
in its preparation, that he must have written it out and Committed
it to memory, as he had the written paper before him. And that it
was not an Ebullition of any Momentary excitement, and conse-
quently there was the less excuse for it.
As the Memorialist States " that the power assumed by Judge
Burton on that occasion was an Arbitrary one, the Exercise of
which has for many Years been unknown in the British Courts," it
may be proper in me to state to your Excellency that Mr. Catterall
is mistaken.
There is a case stated in Barnwell and Alderson's reports (Rex
v. Davidson), which was tried in 1821 before Judge Best (the pre-
sent Lord Wynford), in which the Defendant conducted his own
defence. In the course of which, he made several offensive observa-
tions concerning the Christian Religion and derogatory to the char-
acter of persons who were not present in Court to defend them-
selves; after repeated admonitions, the Defendant did not desist,
and the Judge fined him three times, 1st £20, 2nd £40, 3rd £40 ; the
case afterwards came before all the Judges of the King's Bench at
Westminster, when they all agreed in the power of the Judge to
impose the fines, and in the propriety of imposing them.
Lord Tenterden, in giving his opinion, said, " If I thought the
decision I am about to pronounce could have the effect of restrain-
ing any person, who may hereafter stand on his trial, from making
a bold as well as a legitimate course of defence, I would pause
before I pronounced that decision. The question is indeed a mo-
mentous one; it is absolutely a question whether the Law of the
Land Shall or shall not continue to be properly administered. For
it is utterly impossible that the Law can be so administered, if
those, who are charged with the duty of administering it, have not
power to prevent instances of indecorum from occurring in their
own presence. That poiver has been vested in the Judges, Not for
their personal protection, hut for that of the public; and a Judge
will depart from his bounden duty, if he forbears to use it, when
occasions arise which call for its exercise.'"
Judge Bailey said : — " The question is shortly this, whether, for
the future, decency and decorum shall or shall not be preserved in
Courts of Justice, or whether, under colour of defending himself
against any. particular charge, a Defendant is at liberty to introduce
New, mischievous and irrelevant matter upon his trial. I agree that
a Defendant in all cases should have every facility allowed him in
his address to the Jury, provided he confines himself within those
rules, which decency and decorum require.
" Of the power of a Judge to fine for a contempt of Court, I
have not the least doubt ; and I am of opinion also that the Judge
alone is competent to determine whether what is done be or be not
a contempt, and that neither this Court nor any Co-ordinary Court
has a right to examine the Question whether his discretion in that
respect was fitly and properly exercised.
" If, in this instance, I were at liberty to express an Opinion, I
should certainly say that 1 see no reason whatever to be dissatisfied
GLENELG TO GIPPS. 743
with the exercise of that discretion. / think the conduct of the 1S39.
Defendant called for the interposition of the Judge, and that he 10'Jtm.
would have abandoned his duty to the public if he hud not inter- Reportbv
fcrcd." J. H. Plunkett
Judge Holroyd said: — "As far as I can in this case enter into re fine imposed
the consideration of the subject as to the propriety of the tines in on J. Oa tteraU
question, / think the Judge was fully justified in imposing them, and 0frcJSrt.
not only fully justified, but was called on in the discharge of his
duty to impose them in order to prevent the line of defence, in which
it manifestly appears the Defendant was determined to proceed
even after a warning had been given to him to desist. The Judge
hud the defence of the Law entrusted to him ; and he must cither
have permitted a breach of it, in which ease l think lie would have
abandoned his duty, or he must have fined or imprisoned the party."
From these Extracts of the Judges of the King's Bench of West-
minster, your Excellency will see that the power of the Judge is in-
disputable, and also Your Excellency will See the Legal reasons
upon which it is supported. The last tine of £40 imposed by Lord
Wynford on the Defendant in the foregoing Case was for Libelling
the Bench of Bishops in these terms. " The Bishops are generally
Sceptics."
The words, which Mr. Gatterall acknowledges having used, were
pretty much of the Same character with respect to the body of the
Military ; indeed all the circumstances of the two Cases are an-
alagous; it must be observed that the trial of Mr. Catterall took
place on the 13th of August, and it does not appear that he even
made any application to Mr. Justice Burton himself on the Subject
between that day and the first day of the following term, that is,
the 15th day of September. If he had submitted himself to the
Judge and made Such application, it is more than probable that the
Judge would remit the fine; but of this I cannot speak with any
certainty, never having spoken to Judge Burton on the subject.
On the first day of the present term, the question wras fully argued
before the full Court, Sitting as a Court of Exchequer to review all
fines levied Since the last Civil Term, and the other Judges con-
firmed the Legality and propriety of imposing the fine.
Mr. Catterall having been found guilty by the Jury, the Court sen-
tenced him to pay a fine of £50, which appears to be a lenient fine,
and was stated by the Court in pronouncing its Judgment to be
Mitigated in Consideration of the other fine of £50, which he had
to pay.
Under these circumstances, it does not appear to me that the
Memorialist has anything to complain of.
I have, &c,
John H. Plunkett. Attorney General.
Lord Glenelg to Sir George Gipps.
(Despatch No. 8, per ship Fergusson.)
Sir, Downing Street, 11th January, 1839. n Jan.
I have the honor to acquaint you that the Directors of Authority for
the Bank of Australasia have applied to the Lords Commis- eaStaTofbank
sioners of the Treasury for permission to complete the sub- of Australasia,
scribed Capital of the Bank to the full amount authorized by
744
HISTORICAL RECORDS OF AUSTRALIA
1839. their Charter of Incorporation, viz., £600,000, and that the Lords
' of the Committee of Privy Council for Trade have signified
increase'o/01^ their opinion that there was not any objection to a compliance
capital of bank with their application. The Lords of the Treasury have there-
of Australasia. fore gjven tne assent required by the Provisions of the said
Charter for the increase requested by the Directors.
I have, &c,
Glenelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 9, per ship Fergusson.)
12 Jan. Sir, Downing Street, 12th January, 1839.
Transmission of I transmit to you herewith for your information and guid-
witheAP.Andence ance copies of a correspondence, which has taken place with the
company. Australian Agricultural Company, relative to the three questions
of their claim to the exclusive right of working the Coal Mines
in New South Wales for a given term, their application for a
further exchange of their Land, and their Convict Servants.
On the first point, I shall again communicate with you in
answer to your despatch, No. 84 of the 7th of June, 1838, which
I now acknowledge, when I shall have received the final report
of the Law Officers of the Crown. I have, &c,
Glenelg.
Interpretation
of agreement
with A. A.
company re
coal-mining.
[Enclosure No. 1.]
Sir George Grey to Mr. J. S. Brownrigg.
Sir, Downing Street, 7th December, 1838.
I am directed by Lord Glenelg to acquaint you that, since the
date of my Letter to you of the 5th Ultimo, his Lordship has re-
ceived from the Law Officers of the Crown a report of their opinion
on the question whether the terms of the arrangements made bl
the Government in the year 1828 with the company for working
the Coal Mines in New South Wales preclude Her Majesty in
point of Law from the right of granting Coal Mines or from the
right of working Coal Mines in any part of that Colony.
The Attorney and Solicitor General have reported it to be their
opinion that the arrangement in question does not appear to them to
impose any restriction whatever on Her Majesty's right of working
any Coal Mines in the Colony; that it does prevent Her Majesty
from granting Coal Mines to other persons to be worked by them
without the previous sanction of the Secretary of State; but that
with such sanction Her Majesty may, without at all infringing the
terms of the arrangement, make a Grant of Lands including the
Coal Mines, or authorize any person to work Coal Mines reserved
to Her Majesty.
They further observe that the language of the 10th paragraph
of the Letter, addressed by the Colonial Secretary of New South
Wales to Sir Edward Parry on the 25th June. ]S30. is certairly
GLKNELG TO GIPPS. 745
somewhat ambiguous; bul that, in its grammatical construction, the 1839.
consent Of the Secretary (ft' State may be extended to authorise the 12 Jan.
Grant of Coal Mines, as well as the use of Convict Labour; and that, ,— "~.
as the evident Intention was to enable the Secretary of State to pre- 0f agreement*1
vent the possible mischief of a monopoly in the Company, and it withA.A.
might be impossible to carry out that intention without a grant companyre
of Mines on which Convict Labor might be employed, they think coal-minim*
that construction must be adopted which refers the consent of the
Secretary of State to both Members of the sentence.
Having communicated this opinion to the Company. Lord Glenelg
directs me to add that he will be happy to receive a Deputation of
the Directors on any day next, week at one o'clock.
1 have. &c,
Geo. Grey.
I Enclosure No. -.]
Mi;, el. S. BROWNRIGG TO LORD GLENELG.
Australian Agricultural Company,
My Lord. 12 King's Arms Yard. 22nd December. 1838.
On the part of the Directors of the Australian Agricultural Association of
Company. I beg leave to lay before your Lordship the annexed Copy black women
of a Letter, addressed by the Colonial Secretary at New Soulh ^S company
Wales to our Acting Commissioner, Mr. Ebsworth, under date the
28th of June last, and of Mr. Ebsworth's reply of the 7th of July
following, which have recently reached us.
In the iirst mentioned Letter, it is stated that " the attention of
the Governor having been drawn to the alleged fact of Black or
Aboriginal Women frequently living and also travelling about the
Country with assigned Servants of the Company, The Governor
will, if the fact be well authenticated, be under the necessity of
withdrawing the whole of the Men in the District of the Company's
possession where it occurs."
We entreat your Lordship's serious attention to this Letter and
to the reply of our acting Commissioner. In the absence of any
specific case or cases, either as to time, place or person, we can
only deal with the accusation of the Governor in the same general
way in which it is made: We believe this to be the first complaint
of the kind that has been brought against our management of our
assigned Servants. We are prepared to prove to your Lordship's Policy of com-
satisfaction that our unceasing anxiety, as well as that of our pany re moral
Commissioner, has been directed to the moral improvement of all ^em^ees*
placed under our Control, and we would submit that the high ° emp oyee
character in this, as in every other respect of our twTo last Com-
missioners. Sir Edward Parry and the late lamented Colonel
Dumaresq. will carry conviction that our instructions on this head
were not confided to persons at all lukewarm or indifferent to such
high and important considerations; we have every reason to believe
that our newly appointed Commissioner, Captain King. R.N., will
be equally zealous as his Predecessor in using every effort to im-
prove the Morals of all placed under his control.
We submit to your Lordship that the case of the Company's as- Condition of
signed servants cannot fairly be compared with those Individual convicts
Settlers, wdiere they are generally few in number comparatively, conf anvt0
and in situations where the Master has them much under personal compan
control, aided by the intervention where necessary of Magisterial
power to enforce existing Regulations.
HISTORICAL KECOEDS OF AUSTRALIA.
1839.
12 Jan.
Our assigned Servants are congregated in large numbers in three
extensive locations, two of which are without the limits of the
Colony, and where our supervising officers have not those aids in
support of their Authority to which we have alluded ; and while
we have to contend against the difficulty of keeping young un-
principled convicts under adequate control in that particular, which
forms the ground of the Governor's complaint, a difficulty common
to all having assigned servants, we have the additional evil of re-
ceiving much too frequently, amongst Convicts assigned to us under
your Lordship's orders, an undue and unfair proportion of the
worst and most depraved characters from the Iron Gangs, circum-
stance that was much complained of by our late Commissioner,
Colonel Dumaresq.
Nevertheless we feel confident, upon an unprejudiced investiga-
tion of facts, it will be found that, when their numbers and the
foregoing considerations are fairly weighed, the moral state of our
assigned servants will be found to bear comparison with that of
the Assigned Servants of Individual Settlers.
We cannot but lament that the Governor did not point out the
cases and Districts, where the improper conduct he complains of
had taken place, when every remedy in the power of our officers
would have been applied ; and that he has not, as far as we know,
taken the trouble to ascertain whether the allegations, which he
apparently too readily assumes to be facts, have not been made and
propagated by interested Individuals, of whom there are too many
in the Colony watching anxiously to benefit by the operation of the
threat made by the Governor, should such be carried into execution.
It will be obvious to your Lordship that, against such complaints
as the Governor's, given in such a general way, we can offer no
other reply than the foregoing ; but, when we contemplate the possi-
bility of the Governor carrying the threat, with which his accusa-
tion is coupled, into execution, we are filled with alarm at the
consequences to the interests of all concerned in the Australian
Agricultural Company.
The effects of the Governor's threat would be that, were a few
Individual Convicts may have misconducted themselves, and which
it. would in all probability be as much out of the power of the Gov-
ernor himself to prevent as it is out of our Commissioners, the Con-
victs on the same Districts of our Possessions, amounting probably
to more than 200, would be summarily withdrawn, and, judging
from the animus which dictated the threat, would not wre fear be
replaced.
The immense property under charge, primarily, of such a number
of assigned Servants consisting of many thousand head of Sheep
and other Cattle would be lost to the Company, for your Lordship
well knows that it would be utterly impossible to replace them by
free Laborers, except from England.
The result would indeed be in every way disgraceful and ruin-
ous; and we earnestly entreat your Lordship, with your accus-
tomed sense of justice, to protect us from such an arbitrary and
sweeping measure on the part of any Governor.
We fear that Sir George Gipps has not had time to inform him-
self of our position and the nature of our compact with Govern-
ment, which required us to maintain a large amount of Convicts
on our Estates, when our doing so was considered most beneficial
to Government, and that it was on the faith of being supplied with
GLENELG TO GIPPS. 747
that description of Labor that the Proprietors of this extensive 1839.
concern have already expended near £300.000 in the Colony, a Pro- 12 Jan.
perty which the Governor's threat would recklessly destroy; other-
wise some shadow of ordinary consideration would, we think,
have found its way Into his Secretary's communication, the absence
of which we so much lament.
We submit to your Lordship that, even admitting the charge to Protest against
the fullest extent, or even to a much greater and more flagrant SI™mar*v
degree than is attempted even to be surmised, the Governor would o/convtote
not be justified in having recourse to a measure of punishment, assigned to
Which we unhesitatingly assert would be the instantaneous ruin of company,
the Company.
If indeed such a case should ever be made out. (but of which we
have no fear) to satisfy your Lordship's mind that the extreme
penalty of withdrawing our assigned servants in any numbers be-
yond the offending Parties should be inflicted, we still would claim,
as a point of common justice to the unoffending Proprietors in this
Country, that time should at least be given to us to supply their
places by free Laborers.
We confidently appeal to your Lordship's sense of justice to pro-
tect the Proprietors of this Company from the contemplated mea-
sure of the Governor, and that you will be pleased to issue with
as little delay as possible such instructions as the case may appear
to call for. I have, &c,
.F. S. Brownrigg.
[Sub-enclosure No. 1.]
Mr. T. C. Harington to Commissioner of A. A. Company.
Colonial Secretary's Office,
Sir. Sydney'. 28th June, 1838
The attention of the Governor having been drawn to the Threat to
alleged fact of Black or Aboriginal Women frequently living and withdraw
also travelling about the Country with assigned Servants of the assigned
Company. I am directed to inform you that, if the fact be well convicts-
authenticated, His Excellency will be under the necessity of with-
drawing the whole of the Men in the district of the Company's
Possessions where it occurs. I have, &c.
T. C. Harington.
[Sub-enclosure No. 2.]
Mr. J. Edward Ebsworth to -
Sir, Port Stephens, 7th July, 1838.
I have only this day had the honor to receive your Letter of Letter
the 20th June, stating that the attention of the Governor had been acknowledged.
drawn to the alleged fact of Black or Aboriginal Women fre-
quently living and travelling with assigned servants of the Aus-
tralian Agricultural Company, and that, if the fact be well authenti-
cated, His Excellency will be under the necessity of withdrawing
the whole of the Men in the district of the Company's possessions
where it occurs.
In reply, I beg leave to acquaint you, for the information of Action to
His Excellency the Governor, that it has been and will continue prevent inter-
to be the anxious desire of the Company's Commissioner to check native women
the improper intercourse alluded to, and I will immediately recall
the attention of the persons in charge of the several branches of
the Company's Establishment to the Instructions, which were
748 HISTORICAL RECORDS OF AUSTRALIA.
1839. given some time since with a view to prevent the occurrence of
12 Jan. such disreputable proceedings on the part of the assigned Servants
of the Company.
I regret that the cases, to which His Excellency the Governor
refers, are not specified to enable me to take measures for causing
the offenders to answer for their misconduct.
Offenders to i would assure His Excellency that, in every instance where an
be pumsheo. assigned servant shall be made known to be, as living in inter-
course with a Black or Aboriginal Woman, he shall be dealt with
as the Police Authorities may deem right ; but I trust that the Gov-
Protest against ernor will not inflict upon the Company the penalty of withdrawing
withdrawal their assigned Servants on account of the misconduct of Individuals.
convict"6 wno may infringe the regulations, because they are beyond the
immediate reach of my observation and control, more especially
when His Excellency may ascertain that any means, which the
Government may suggest, will be readily adopted by the Repre-
sentative of the Company, to maintain as much as possible the
proper discipline of the Convict population in the instance now
under notice, as well as in all other cases.
I have, &c,
J. Edward Ebsworth,
Commissioner for the A.A.C.
[Enclosure No. 3.]
Mr. J. S. Brownrigg to Lord Glenelg.
Australian Agricultural Company.
My Lord. 12 King's Arms Yard. 22 Deer.. 1838.
In obedience to your Lordship's wish, I proceed to state in
Writing those points connected with the interests of the Australian
Agricultural Company, which I had the honor to lay before your
Lordship at the conference on the 14th Inst.
Application to 2. The first point, to which I drew your Lordship's attention,
work coal-mines was the application* of certain Individuals to work Coal Mines at
at Western Western Port, and the degree in which the rights and interests of
our Company would be affected, were such permission granted.
3. Your Lordship will bear in mind that it was, in compliance
with the expressed desire of the Government, that We undertook
the hazardous speculation of working the Coal Mines at New Castle,
and the best proof of the risk we run was that Government had
previously worked these mines at a loss.
Agreement with 4. We should not have considered ourselves justified in incurring
a. a. company the heavy outlay that we did in commencing the Coal Works, had
re coal-mining. u0(- Government given us some security or assurance that, as long
as we complied with certain stipulations having for their object
the adequate protection of the Public, we should as far as rested
with the Government be secured for a limited time against
competition.
5. These Stipulations and conditions are, I submit, clearly laid
down in the Under Secretary of State's Letterf of the 31 July, 1828.
comprized under six distinct heads ; in the fifth article, it is declared
that Government will have the right to resume the Grant of the
Coal Mines and the privileges connected with that Grant, "if the
Company shall raise a less quantity of Coal than two thirds of the
weight, which, on an average of the three years, ending the
31st December. 1828, had been yearly raised from the Mines."
thereby securing to the Public an adequate supply.
* Note 131. f Note 132.
GLENELG TO GIPPS. 749
a In the preamble to the 6th Article, the consideration given on 1839.
the part of the Company is expressly recognized in the following 12 Jan-
words :—" That, as the Company will have incurred a great pre- Agreement with
liniinary Expense for a Public benefit, which expense they ought a. a. company
to have a fair opportunity of repaying to themselves'*; And then n coal-mining.
follows the pledge on the part of the Government at home that "no
Governor would for the next 31 years grand or convey any Coal
Mines or Land, containing Coal .Mines, without a specific exception
Of the Coal in such Grant or Conveyance, nor afford any assistance
in convict Labor for the working of any c«>al Mine to any other
Company, or to any other Individual without fix previous sanction
of tin Government at home" And in order t«» leave no doubt on our
minds as to the circumstances under which such a sanction on the
part of the Government at home would be given, the Article con-
cludes by saying that "it would probably be given, if the Company
should avail themselves of their Monopoly to impose an exorbitant
price on Coal, the produce of their Mines."
7. We submit therefore to your Lordship that it would lie a mani- Protest against
fest breach of faith and contrary to the plain and honest meaning siant.of.
. ,, .. i • • •.•!,, ^ i ^- j permission tor
ot the Article m question, it the Government at home sanctioned coal-mining.
the Grant of Coal Mines, or gave facilities in Convict Labor for
working them to any other persons, nihil the expiration of the
31 years, unless it. can be shewn that we have failed in our part
of the Agreement, and that we have either not raised the quantity
of Coal, stipulated for in the 5th Article, or that, as provided for iu
the 6th Article, Ave have not incurred the "heavy preliminary
expense" contemplated, or have imposed an exorbitant price on
Coal.
s. Xo such complaints have been made, and we are prepared to Proofs re
prove, if proof be required, fulfilment of
1st. That we have raised an infinitely larger supply of Coals than iK^mpany.
is stipulated for;
2ndly. That we have, in addition to the "great preliminary
expense " contemplated, incurred subsequently a very heavy out-
lay in order to increase our power of supplying the increasing
demands of the public, and that, at this time, we have not been
reimbursed any part of our great preliminary expense; and
Srdly. That, so far from having " availed ourselves of our
Monopoly to impose an exorbitant price on Coal." it is sold for
less than was charged by the Government when it worked the Coal
Mines, being 10s. per ton to the Public, and Ss. to the Government.
9. I might here my Lords further press upon your attention the claim to
fact of the Monopoly granted to Us being distinctly recognised in monopoly.
the very word, and the further consideration given by us and
stipulated for by the Home Government, that we should supply the
Coal, required by the Colonial Government, at prime Cost, were it
not that I consider the right of the Company to be fully made out
in what I have already stated.
10. With regard to the opinion of the Law Officers of the Crowrn, Reply to legal
which your Lordship did us the honor to communicate to us in the opinion.
Under Secretary of State's letter of the 7th Instant, We beg leave
in the first place to state that, given doubtingly as that opinion
is and with the admission that the " language of the 10th para-
graph of the Letter, addressed by the Colonial Secretary of New
South Wales to Sir Edward Parry on the 25th June. 1830, is
750
HISTORICAL RECORDS OF AUSTRALIA.
1839.
12 Jan.
Reply to legal
opinion.
Proposal by
A. A. company
for exchange
of land.
certainly somewhat ambiguous." yet, without pretending to compete
with such High Authority on legal niceties, we submit that, even if
the abstract right of the Secretary of State to grant Coal Mines
or give facilities for working them were established, and that, by
the strict legal interpretation of the Paragraph above mentioned, we
should have no legal redress, were we so injured. We confidently
state our belief that neither your Lordship nor any Secretary of
State would, with the Under Secretary of State's letter to Us of
the 31st July, 1828, fairly before him, grant such permission on any
other grounds than a failure on our part in any of those stipulations
either expressed or fairly implied, by which the interests of the
Public, as far as our recognised Monopoly is concerned, were veiy
properly environed.
11. We further beg to draw your Lordship's attention to the fact
that the Letter of the Colonial Secretary of New South Wales, on
which the above mentioned opinion of the Attorney and Solicitor
General is founded, is not the one on which we rest our claim.
The Under Secretary of State's Letter to us of the 31 July, 1828,
contains the Agreement as sanctioned by the Home Government,
and moreover recognizes, in the Preamble to the 6th Article, The
consideration given by us, which is altogether omitted in the
Colonial Secretary of New South Wales' Letter, and which might,
had it been before the Law officers of the Crown, have led perhaps
to a different conclusion from that which they appear to have
come to.
12. With this short exposition of the grounds of our claim, and
the view which we take of the rights of the Australian Agricul-
tural Company, we leave the case in your Lordship's hands, being
assured that we shall receive that justice and fair consideration
which we have always experienced from your Lordship.
13. The second subject, which I had the honor to bring under
your Lordship's notice at the conference, was the proposed Ex-
change of Land.
14. The object which we have in view, and the grounds upon
which we urge the proposed Exchange, were brought under Your
Lordship's notice in June, 1837, at a conference, and subsequently
in our letter to Your Lordship of the 7th of July following, wherein
we enclosed a copy of our late Commissioner, Lt. Colonel Dumaresq.
letter to the Colonial Secretary at New South Wales, dated
18th Deer., 1836 ; to this latter document, we called your Lordship's
attention as going fully into the subject, and containing all the rea-
sons in favor of the proposed Exchange which we desired to
advance.
1.1. In reply, your Lordship was pleased to order us to be in-
formed in Mr. Stephen's letter of the 20th July, 1837, that "you
felt it impossible to issue any instructions, or to express any opinion
until in possession of the Governor's report on the subject."
16. The Governor being known to be on his way to England, we
refrained from troubling your Lordship again on the subject until
his arrival, when we were grieved to learn that Sir Richard Bourke
was unable from recollection to give any information connected
with it. and it is now evident that no report from the present Gov-
ernor is likely to be made without a special reference, which would
entail upon us the evil of a further delay, in addition to the long
time during which we have patiently waited your Lordship's
decision on this important matter.
GLENELG TO GIPPS. 751
17. [n addition to the statements contained In Colonel Dumaresq's 1839.
Letter to the Colonial Secretary of the is Deer., L836, already 12 Jan-
adverted to as having been before your Lordship, with our Letter proposaiby
of the 7th July. 1S.TT. and to which we again crave reference, we a. A. company
beg to annex an Extract from a Reporl from the Deputy Surveyor for exchange
General Terry to the Colonial Secretary, dated 30th Jany.. 1837, and oUand-
wc submit that both these documents go to establish the protection,
1 assumed in our conference with your Lordship, that the pro-
posed Exchange of Land would be as advantageous to the Country
generally as to our Company, the grounds of which assumption are
very clearly stated by Deputy Surveyor General Terry in the Report
abovementioned.
18. I took the liberty further to suggesl to your Lordship, as the
Colonial Surveyor General, Major Mitchell, was now in England,
and was the officer through whom the preliminary negotiations of
our Commissioner for the exchange had been made, and who
would in all probability be the person on whose opinion the Govern-
ment would place the most reliance, that his report on the matter
might be called for. and that upon it Your Lordship would be
pleased to decide as to the fate of our application, and this I beg
respectfully to repeat.
10. In order to meet an objection that was hinted at by your
Lordship, I beg leave to remind you that, in all Grants or Ex-
changes of Lands, the Australian Agricultural Company have in-
variably negotiated with the Home Government, and not with
the Governor of the Colony. The Secretary of State has ordered
the Grant or Exchange, and the Governor has taken care that it
shall not infringe on private rights.
20. Thus, when in the year 1829 we stated to the Secretary of
State that a considerable portion of our original Grant of Land
was found to be unfit for the avowed and recognized object for
which our Company was principally established, namely the rearing
of fine woolled sheep, the same was recognized as a valid and
sufficient ground for authorizing an Exchange.
21. An Exchange to the extent of 000.000 acres was consequently
authorized by the Secretary of State without any previous refer-
ence to the Governor but limiting the same to two Locations. At
the time however the Company could not find a sufficient extent
of ground suitable for their purposes, limited as they were to two
Locations, and 562,898 acres only were exchanged ;* there, therefore,
remains 37.102 acres, which, under the former decision of the
Secretary of State, the Company submit their claim to have
exchanged has been recognized, provided it adjoins one of the
present locations already chosen in exchange for the 600,000 acres
of Land North of Port Stephens, which have been given up to the
Government.
22. From what I have stated, I trust your Lordship will perceive
that it will only be following the usual course, if your Lordship
decides upon our application, leaving to the Governor the care
that, in carrying Your Lordship's decision into execution, the Public
Interests and private Rights are duly protected.
23. We respectfully but most earnestly deprecate another refer-
ence to the Colony, after the long delay that has already taken
place; and, from the just and liberal consideration which this
Company has before experienced from Your Lordship, and which
they always gratefully acknowledge, we feel assured that such
* Note 133.
752
HISTORICAL RECORDS OF AUSTRALIA.
1839.
12 Jan.
Deficiency
in convicts
assigned to
A. A. company.
Report by
S. A. Perry re
proposed
exchange
of land.
will not be the case, if, after a reference to the Surveyor General
Major Mitchell, and to what I have now brought under your notice,
your Lordship is satisfied that our request is a reasonable one.
24. Having addressed your Lordship separately with regard to
the threatened withdrawal of our assigned servants by the present
Governor of New South Wales, I have only to state, on the subject
of Convict Labor generally, that the Australian Agricultural Com-
pany has reason to complain that your Lordship's repeated in-
structions on this head have not been carried into execution, either
promptly or efficiently ; by our latest returns, we were still 46 men
short of the 500 ordered by your Lordship, exclusive of those em-
ployed in the Colliery; if this non-compliance with your Lordship's
orders proceeds from there not being a sufficient number of Con-
victs at the disposal of the local Government, We have no fair
ground of complaint ; and, in bringing the above fact under notice,
we have only to request your Lordship to give instructions that,
when a deficiency of Convicts prevail, the same shall not fall un-
fairly on us, but that the supply to private Settlers as fixed by
Local Ordinances shall be rateably reduced, also a measure of
justice which we have reason to believe has not been dealt to our
Company. I have, &c,
J. S. Brownrigg, Deputy Governor.
[Sub-enclosure.]
Extract from letter to the Colonial Secretary, dated
30th January, 1837.
The blue boundary upon the Map furnished by the Commissioner
appears according to the Sections to comprise about 94,000 Acres,
and, considering its locality only, with reference to the subjects men-
tioned in Colonel Dumaresq's letter, I should suppose to be of
a value equal to Land on the Peel, as it contains many spots upon
which it would be highly desirable to form Villages, and there is
little doubt that the retention of this Land by the Company has had
considerable effect in retarding the Settlement of the Northern
parts, as the great tract of Country between it and the Maiming
may be said to be inaccessible for want of a complete command of
the harbour of Port Stephens and of a land Road by the way of
Clarence Town, which the acquisition of the Land, now proposed
to be ceded, would afford. Having been to the Settlement in a
vessel of only 12 tons burthen, I am quite awTare that the navigation
of Port Stephens is somewhat intricate owing to the number of
Shoals ; but Sir Edward Parry, who made a careful survey of the
Harbour, assured me that there are Channels by which vessels of
considerable burthen may be taken very near to the Company's
Settlement.
In this case, it would seem that some facility in shipping produce
might be afforded by the reservation of Sections Nos. 1637, 1656,
1659, 1588, and 1589, to be laid out as Villages; and, altho' the land
is generally understood to be of inferior quality, many patches on
the Borders of the Swamps and on the Banks of the Myall River
might be found suitable for small farms.
Under all the circumstances therefore, I should consider that, in
the actual state of the Company's possessions on the Peel and at
Port Stephens, the proposed exchange (while doubtless the Company
would be immediately benefitted) would be advantageoas to the
Country. S. A. Perry, Depy. Surveyor General
GLENKLG TO GIPPS. 753
[Enclosure No. 4.] 1839.
12 Jan.
Sik George Grey to Mr. J. S. Brownrigg.
Sir. Downing Street, 17th January, 1839.
I am directed by Lord Glenelg to acknowledge the receipt
of your two letters of the 22nd Ultimo.
1. Lord Glenelg has referred so much of your Letter as relates Reference of
to the working of the Coal Mines in New South Wales to the Crown ^a^nt01 .
Lawyers, with a view to ascertain whether there is anything therein c^al-nKiingfor
contained, which would lead them to alter their opinion on the case, legal opinion.
2nd. With regard to the tun her exchange of Land which the Refusal to
Company are anxious to effect, Lord Glenelg cannot consent to decide re
decide od or to entertain such an application without the previous oHand"e
report of the local Government. If you are therefore desirous of
bringing such a question under the consideration of the Govern-
ment, it will be necessary that you should instruct your Agent to
prefer the Application, with whatever is to be urged in its support.
to the local Government in the first instance; and. in order to
prepare the Governor for a consideration of the question when so
brought before him, Lord Glenelg has transmitted to him Copies
of this correspondence.
3rd. With regard to the number of Convicts assigned to the Com- inability to
pany, In my letter to you of the 20 July. 1837, I pointed out, by JJthJri^ ful1
Lord Glenelg's direction, that, in the encreasing demand for labor convicUabour.
existing in New South Wales, the Colonists generally were turning
their attention to the introduction of free labor to supply the
deficiency of Convict Servants. You are no doubt aware that, on
the 18th November. 1837. Governor Sir R. Rourke issued a general
notice in the Gazette of the Colony, founded on instructions which
he had received, intimating that it was the intention of Her Ma-
jesty's Government, to discontinue at the earliest possible period
the Assignment of Convicts to Private Service, and pointing out
to the Settlers the expediency of their looking for the future to
immigration rather than to assignment as the source, from which
to obtain the requisite labor for the Cultivation of their Lands and
for other purposes. Any arrangements, which may from time to
time have been made for the supply of Convict Servants to the
Company, depended of course on the continuance of the general
system on which those arrangements were founded ; and Lord
Glenelg cannot lead the Company to expect a permanent supply of
labour from this source.
With regard to the representation, which forms the subject of Approval of
a separate communication from you. in consequence of a notice ^(rti°n°f
which the Governor had given to the Company's Agent that he immorality of*
should feel himself compelled to withdraw their assigned servants company's
in a certain District in the event of an alleged fact being authenti- servants-
cated of Black or Aboriginal women frequently living and travelling
about the Country with such Servants, Lord Glenelg directs me to
state that the circumstance, to which Sir G. Gipps' attention had
been called, was one which he could not. consistently with his duty,
overlook ; and he appears to have taken the proper course in
addressing the Company's Agent on the subject. Lord Glenelg
however does not find that the Governor adopted any proceeding
injurious to the interests of the Company, or that he expressed any
Ser. I. Vol. XIX— 3 P»
'54
HISTORICAL RECORDS OF AUSTRALIA.
1S39. intention of withdrawing their convicts, except upon proof of a
12 Jan. neglect of duty on the part of the Company's officers in charge of
the District, which in Lord Glenelg's opinion would have rendered
such a measure indispensable. I have, &c,
Geo. Grey.
Warrant for
regulation
of barracks.
Lord Glenelg to Sir George Gipps.
(A circular despatch per ship Fergusson.)
Sir, Downing Street, 12th January, 1839.
I transmit herewith for your information the copy of a
New Warrant for the Regulation of Barracks recently issued
by Her Majesty's Command. You will place this Warrant among
the public Archives of the Colony under your Government.
I have, &c,
Glenelg.
[Enclosure.]
[A copy of this warrant* is not available.]
Petitions
received from
N. L. Kentish.
Career of
N. L. Kentish.
Sir George Gipps to Lord Glenelg.
(Despatch No. 12, per ship Hygeia ; acknowledged by
marquess of Norinanby, 12th July, 1839.)
My Lord, Government House, 12th Jany., 183-9.
I have the honor to inform your Lordship that I have this
day received from Mr. Nathaniel Lipscombe Kentish Copies of
Petitions addressed to Her Majesty and both Houses of Parlia-
ment of which I believe copies are transmitted by Mr. Kentish
direct to your Lordship. The copies sent to me, I have thought it
right to return to Mr. Kentish, on account of their being printed,
it being, as I believe, not the practice of either House of Parlia-
ment to receive Printed Petitions.
These Petitions or Memorials were drawn up by Mr. Kentish
some months ago, and offered to the Colonists of New South
Wales for their adoption; but I have not heard of their being
signed by any considerable number of the Inhabitants, and, of
the copies sent to me, one was altogether without signature, the
other two were signed by Mr. Kentish alone.
Mr. Kentish was formerly, I believe, employed as a Teacher
of Military Drawing at the College of Sandhurst; he was subse-
quently some time in the Department of the Surveyor Geneial
of New South Wales, but ceased to be in the employment of
Government in the year 1833; he has since that time been con-
nected with the Public Press of the Colony. I have, &c,
Geo. Gipps.
Note 14.
GIPPS TO GLENELG. 755
Sir George Gipps to Lord Glenelg. mm.
14 Jan.
(Despatch No. 14. per ship Hygeia.)
My Lord, Government House, 14th January, 1839.
In the last paragraph of my Despatch of the 12th June Leave of
laat. No. 85, I informed your Lordship that I had given permis- £2JS.g™,lt8d
siou to the Revd. Dr. Lang- to visit England, in consequence J.D.Lang.
of the schism which had unfortunately arisen in the Presby-
terian Church of the Colony. Dr. Lang's departure has however
been deferred from various causes from that time to the present;
and it is only. 1 believe, in consequence of information having
reached the Colony of a decision on the part of the Church of
Scotland, adverse to his claims, that he is now induced to embark Departure for
in the " Roslyn Castle,'' the vessel by which this Despatch will En*?land-
be conveyed.
I think it right that your Lordship should be informed, previ- Continuance of
•ous to the arrival in London of Dr. Lang, that no alteration in presbj^edan
the relative positions of the two parties of Presbyterians in New church.
South Wales has occurred, since the date of my Despatch re-
ferred to above, save that which has been effected by an act* of
the Legislature, of which I enclose a copy.
The withholding altogether of salaries from so large a body of Reasons for
Ministers of Religion, whilst Clergymen of all other denomina- Jf council*
tions wrere receiving stipends from the Government, had the
effect of enabling the persons excluded to come repeatedly as
Petitioners to the Legislative Council, and gave them moreover
the great advantage of appearing before the Public in the light
■of persons persecuted for conscience sake; I therefore thought
it advisable to yield to their solicitations and to those of their
advocates, and to introduce a Bill to the Council to authorise the
payment to them of salaries up to the end of the present year,
and to sanction also their receiving the usual aid from the Public
purse in building Churches, with the proviso, however, that the
Churches so built should be ultimately vested in the Presby-
terian Church, which may be recognised by competent authority
as the Church of Scotland in the Colony; a condition, which, as
they claimed to be themselves that Church, they could not, and
did not object to.
This act was received with very general approbation, and has Effect of act
nad the effect, I am happy to say, of restoring in a great degree of council-
religious peace amongst us; whilst it has left the main question
at issue entirely to be decided at home. The salaries payable
under it are only guaranteed, as I have said, to the end of the
present year; and, on account probably of the proviso respecting
the ultimate destination of the Churches, no demand for aid in
the erection of them has yet been made on the Local Treasury.
* Note 134.
756
HISTORICAL RECORDS OF AUSTRALIA.
1839.
14 Jan.
Refusal of
half salary
for Revd.
J. D. Lang.
I beg to add that I have distinctly informed Dr. Lang that I
cannot secure to him the payment of half salary during his
absence, but that this point must be reserved for your Lordship's
special consideration. I have, &c,
Geo. Gipps.
[Enclosure.]
[This was a copy of the act of council, 2 Vict., No. 16.~\
15 Jan.
Misconduct
of immigrants
per ship
St. George.
Complaint by
immigrants.
Board of
inquiry
appointed.
Ineligibility of
J. Macdonald
as immigrant.
Sir George Gipps to Lord Glenelg.
(Despatch No. 15, per ship Hygeia ; acknowledged by
marquess of Normanby, 3rd August, 1839.)
My Lord, Government House, 15th Jany., 1839.
I have the honor to report to your Lordship that, on the
arrival of the " St. George," Emigrant ship, from Oban, which
anchored in Port Jackson on the 15th ISTovr. last, it was reported
to me, by the Surgeon Superintendent Mr. McLean, that a spirit
of insubordination had prevailed among the Emigrants during a
greater part of the voyage, which had been principally excited
and kept up by an Emigrant of the name of John Macdonald.
I at the same time received from the Colonial Secretary of the
Cape of Good Hope a Memorial, which had been addressed by
the said Macdonald and others to the Governor of that Colony,
complaining of their treatment on board, but which, in conse-
quence of the absence of the Governor, and the short stay made
by the " St. George " at the Cape, was not there enquired into. I
immediately directed a Board of Officers to be assembled to
investigate these complaints, by the Report of which, herewith
enclosed, your Lordship will perceive that the said John Mac-
donald was a very improper person to be received as an Emigrant.
T have further to acquaint your Lordship that it appears from,
information obtained by the Emigration agent (Mr. Pinnock)
that John Macdonald was in possession of a very considerable
sum of money, stated to be not less than £1,200, and that he
immediately on landing engaged some of his fellow passengers
as servants, and proceeded to Port Phillip. I therefore feel it
my duty to request that Dr. Boyter, who selected the Emigrants
for the " St. George," may be called on to explain, how a person
so entirely unfit and unworthy to share in the advantages, in-
tended for poor, industrious and well conducted Emigrants,
should have been allowed a passage in that vessel. Of the Me-
morial addressed by Macdonald and others to the Governor of
the Cape of Good Hope, I do not forward a copy on account of
its extreme length; it consists of twenty pages of close writing
GIPPS TO GLENELG. 757
o,! the largest kind of paper, each page being equal to two of 1839-
common foolscap; it contains many accusations of personal '
violence to the passengers on the part of Mr. McLean; of his ^morisdoi
withholding Medical comforts and other necessaries from the complaint from
people; and is in fact a journal or record of every trifling dis- ,n,nnRlan s-
agreement that occurred during the voyage. Amongst other
things, contained in it, is an extract of a letter said to have
been written by Dr. Boyter on the 22nd Jany., 1838, and
addressed to John Macdonald, Esqr., of which, as also of another
letter to John Macdonald from a Mr. M. X. Macdonald, a Writer
to the Signet in Edinburgh, I think it right to forward to your
Lordship copies, as they seem to shew that Dr. Boyter was well
aware of the possession of property by Macdonald.
I have, &c.
Geo. Gipps.
[Enclosure No. 1.1
Report of Board on Charges preferred against Dr. McLean, Sur- Report by
geon Superintendent of the " St. George " Emigration Ship. complaints of
Sir. Emigration Office, 24th November, 1S38. pTr^sMp^
In Compliance with the wishes of the Governor, conveyed SL George.
to us in Your Letter of the 10th instant, addressed to the Agent for
Emigration, we do ourselves the honour to acquaint you, for the
information of His Excellency, that we assembled at this Office for
the purpose of enquiring into the truth of Certain Statements, con-
tained in a Petition addressed to His Excellency the Governor of
the Cape of Good Hope, but which was transmitted by him to His
Excellency Sir George Gipps : and we have now the honor to report
as follows : —
On commencing our investigation we deemed it Essential in the
first instance to examine the Principal persons who signed the docu-
ment alluded to. especially John MacDonald ; and we feel bound to
State that we could elicit from these persons no just cause of dis-
satisfaction with their treatment by Doctor McLean, unless a rigid
and strict Exercise of his authority in enforcing Regulations,
which appeared to him necessary for the health of his Passengers,
could be considered as deserving censure.
It further appears to us that a Ship has seldom arrived in this
Colony with Immigrants, who have been brought out and landed
in a better State of health than those who have arrived in the
" St. George " under the Superintendence of Dr. McLean.
It also appears that great exertions have been made by the said
John McDonald to induce his fellowT Passengers to Sign the afore-
said Petition, and also to Substantiate the truth of the complaints
therein Set forth, which, in our Opinion, they have totally failed
to do ; and, from the result of our enquiries, it appears evident that
that Person has been actuated by a Spirit of bitter hostility against
Dr. McLean, in consequence of his not having Succeeded in inducing
that Gentleman to take an unjustifiable part against the Chief
•Officer of the Ship at an early period of the Voyage, on the occasion
of a trifling complaint brought by McDonald against that officer,
'58
HISTORICAL RECORDS OF AUSTRALIA.
1839.
15 Jan.
Report by
board re
complaints of
immigrants
per ship
St. George.
and for not attending at all times to his (McDonald's) Suggestions.
We have also examined the Captain, Minister and other respectable
Cabin Passengers, and they are all unanimous in bearing the
strongest testimony in favor of Doctor McLean, and to the pro-
voking and insubordinate conduct of McDonald.
We cannot conclude this Report without alluding to the difficulty
a Superintending Surgeon on board an Emigrant Ship must Labour
under in bringing out so considerable a number of Passengers, par-
ticularly free persons, without a very Strict enforcement of Health
regulations, many of which may be disagreeable to Individuals,
although absolutely essential to the welfare of all.
And finally, the Success of Dr. McLean on the Passage of the-
St. George justifies us in expressing our unanimous opinion that
the allegations against him, contained in the Petition before alluded
to, are entirely without foundation ; but that he is in every respect
deserving of Public thanks rather than a Comment of an unfavour-
able Nature. We have, &c,
J. Deniiam Pinnock. Jno. Nicholson.
James Raymond. H. C. Wilson.
Peedk. Campbell Montgomery.
Arrangements
re passages for
J. Macdonald
and family.
[Enclosure No. 2.]
Dr. Boyter to Mr. Jt Macdonald.
(Extract.)
Sir, 22nd January, 1S3S.
I have this moment received your letter of yesterday's date
regarding yourself and your family. I can make no arrangement ;
but I have no objections to your concluding an agreement with the
Master of the vessel ; if I am not desired to keep the Cabins for
Government use, I can see no just reason to refuse the number (10)
you have stated in your first letter from Portsea. I shall even
excuse Norman from any matrimonial engagement, and young un-
married women are at all times eligible ; your father and Mother-
must pay their passage, the amount of which is not yet decided on
by Government. D. Boyter.
[Enclosure No. 3.]
Mr. M. N. Macdonald to Mr. J. Macdonald.
Dear Sir, Great King Street, Saturday.
Dr. Boyter has this moment called upon me. and I have had
a long conversation with him about your case. He says in the first
place that a Cabin Passage cannot be given in any of his Ships
without a direct application to Government, as they are reserved
for official persons, and therefore that is out of the Question.
Secondly, he cannot give your family a passage in the Ships that
are going with the low country people, as they are reserved exclu-
sively for the latter. But he says that you will all go together
below in the St. George, a ship of 500 tons, which is going soon with.
Highlanders; lie trill tale you all free upon your paying £9 each
for your father and Mother ; that he will put you in a separate
Mess for yourselves; that the Ship is eight feet between Decks;:
and that in short you will be very comfortable. Indeed he says, if
he were going himself, he would not hesitate to go in that way;
GIPPS TO GLENELG. 759
and. If you are to have a .Mess of your own, you might, I suppose, 1839.
lay in little comforts additional. / pressed him much to allow the 15Jan.
old people to go with their children, and that you would go in a Arrangements
private shin: bul he says he cannot do that; that old people are re passages for
allowed to go only in a certaiD proportion to young ones; and that, J. Macdonald
although a certain Sum is taken, it is not full payment, and there- and family,
fore it is a favor taking them at all. 1 would therefore decidedly
advice your adopting the List plan as the best upon the whole, and
by which Dr. B. says you will saw £200 of passage money.
Whatever happens. 1 am satisfied that nothing more can be done
with Dr. Boyter. Let me hear from you when you have decided
what you will do. Yours faithfully,
M. N. Macdonald.
Sir George Gipps to Lord Glenelg.
(Despatch No. l«i. per ship Hygeia ; acknowledged by
marquess of Normanby, 13th August, 1830.)
My Lord, Government House, 16th Jany., 1839. 16 Jan.
I have the honor to enclose herewith Copies of thiee Appointment of
letters, which have passed between the Officers of Customs in |*Je sur/evor at
this Colony and the Colonial Secretary, on the subject of the Port Phillip,
appointment of a Landing- and Tide Surveyor at Port Phillip.
The arrangements, recommended by Sir Richard Bourke for
the establishment of the Department of Customs at Port Phillip,
not having been sanctioned by the Lords of the Treasury (as
communicated to me in your Lordship's Despatch of the
29th May, 1838, No. 113), and the proposed appointment of a
Landing and Tide Surveyor being an increase on the establish-
ment recommended by the Board of Customs, I think it my duty
to lay before your Lordship these letters, as showing the grounds
on which I have consented to it. I have, &c,
Geo. Gipps
[Enclosure No. 1.]
Messrs. J. Gibbes and G. Cooper to Colonial Secretary.
Sir, Custom House, Sydney, 6th December, 1838.
We have the honor to report, for the information of His Ex- Appointment of
cellency the Governor, that the Board of Customs have, by their R- s. Webb as
order of the 30th of June last, No. 36, been pleased to appoint Mr. sub-collector
Robert S. Webb to be Sub-Collector of this revenue at Port treasurer at
Phillip, at a Salary of Three hundred Pounds per annum, and Port Phillip,
have also authorised him to act as Sub-Treasurer and sub-Collector
of the Internal Revenue with an additional allowance of Fifty
Pounds per Annum from Colonial Treasury.
The Customs revenue at Port Phillip has lately increased to such Proposed
an extent, as to render it necessary that an Officer shall be ap- appointment of
pointed as a check on the receipt and expenditure of it, as well J™dNr «nd
as to execute the out door duties at Melbourne ; this Officer, we
760
HISTORICAL RECORDS OF AUSTRALIA.
1839.
16 Jan.
Proposed
appointment of
landing and
tide surveyor.
Letter
acknowledged.
Request for
further
information.
Duties of
R. S. Webb as
sub-collector at
Tort Phillip.
Submit, should hold the Office of Landing and Tide Surveyor And
Landing Waiters at a Salary of Two hundred Pounds per Annum ;
and we beg leave to recommend Mr. Charles Henry Le Souif, as a
tit and proper person to hold this appointment, until the pleasure of
the Board of Customs shall be received. Mr. Le Souif has been up-
wards of two years in this Department, and has conducted himself
very much to our satisfaction.
We are also of opinion that the Sub Collector will require the
assistance of a Clerk at a Salary of One hundred Pounds per Annum.
We have, &c,
J. Gibbes, Coir.
G. Cooper, Contr.
[Enclosure No. 2.]
Colonial Secretary Thomson to Collector and
Controller of Customs.
Colonial Secretary's Office,
Gentlemen, 21st December, 1838.
I have the honor to acknowledge the receipt of your Letter
of the 6th instant, proposing the appointment of an Officer to per-
form the duties of Landing and Tide Surveyor and landing Waiter
at Melbourne, with a Salary of £200 per annum, and that a clerk
with £100 a year should be allowed to assist the Sub-Collector at
that Port.
This assistance is recommended in consequence of the recent in-
structions from England on the Subject of your Department at Port
Phillip ; but the Governor considers it a very large increase upon
what has been authorised by the Board of Customs. And his Excel-
lency directs me to inform you that it is necessary that He should
have further information as to the Amount of duty performed by
Mr. Webb before he Sanctions it. The Board of Customs Speaks
of an Officer to assist him in his duties, and not to check and con-
trol him as contemplated in the arrangement you have proposed ;
and this assistance would, His Excellency conceives, be afforded
by the appointment of a Clerk.
I am further directed to enquire whether Security is given by
Mr. Webb. I have, &c,
E. Deas Thomson.
[Enclosure No. 3.]
Messrs. J. Gibbes and G. Cooper to Colonial Secretary.
Sir, Customs, Sydney, 27th December, 1838.
We have the honor to acknowledge rect. of your Letter of
the 21st instant, calling for further information respecting the
duties performed by Mr. Webb at Port Phillip.
As now carried on, they are of a multifarious nature, for he has
charge of both the Indoor and outdoor duties. He receives all the
Money, Keeps all the Books, and makes all the returns which are
very numerous.
He gauges, weighs, and discharges all the goods on the wharf,
or at least he ought to do so ; but, from the present State of the
Trade, we much doubt the possibility of his accomplishing So much.
The instructions, received from the Board of Customs for his guid-
ance, imply that an officer, holding the rank we have recommended,
GLENELG TO GIPPS. 761
should be stationed at Melbourne, which would be in accordance 1839.
with the general regulations of this Department, Whereby it is 16 Jan-
directed that no Collector or Sub-Collector shall be stationed at Necessity
any Port or Place without an Officer to check his receipts and pay- for new'
ments; and, certainly where the revenue already amounts to appointment.
Twelve thousand pounds per annum, such a (heck is absolutely
necessary.
Indeed we should be scarcely justified in permitting the duties
to he carried on any Longer hy Mr. Webb in the irregular way they
have been.
We must also repeat our Opinion that a Boat with a crew of four
.Men will be necessary to enable the Duty to be correctly done.
We have. &c,
J. Gibbes, Collr.
Geo. Cooper, Contr.
YVi: beg to add. that such an Appointment must, we think, meet with
the approbation of both the Lords of the Treasury and the Board
<>[' ( Justoms.
J.G., Collr.
G.C., Contr.
Mr. Webb has been called on to give Security to the Amount of Security to
One thousand Pounds. T p nnWv begivenby
•'•('-- <■ °m- R. S. Webb.
G.C., Contr.
Lord Glexelg to Sir George Gipps.
(Despatch No. 10, per ship Fergusson.)
Sir, Downing' Street, 17th January, 1839. i7.Tan.
Having now received the original of your dispatch No. 65 Despatch
of the 23d April last, with the letter addressed to me by six of ackn™iedged.
the principal Medical Officers on the establishment of your Gov-
ernment, I have been enabled to consider the question fully.
Agreeably .to your suggestion, I referred to the late Governor, Complaint by
Sir Richard Bourke, and transmit, for your information, a copy ^eiTedto06™
of a communication which I have received from him on the Sir r. Bourke ;
subject.
In order to bring the conduct of Dr. Thompson under the and to sir
notice of his immediate Military Superior, I have communi- ' c ng01'
cated copies of your dispatches to Sir Jas. McGrigor, who, I
doubt not, will convey to Dr. Thompson such a decision on the
subject as the justice of the case and the interests of the public
service may require.
I still adhere to my opinion that the Medical Establishment Medical
should be maintained under the existing Military authority. If blmlintained
the resignation of the Members of that Establishment had been under military
absolute and unconditional, I should not have hesitated to
accept it; but, being made subject to a condition with which
762 HISTORICAL RECORDS OF AUSTRALIA.
1839. Her Majesty's Government cannot comply, I do not feel myself
. — - at liberty to regard it as binding on those by whom it has been
Non-acceptance made, until they shall distinctly understand that no compensa-
ot resignations . * •r-i-i-i-i- i
of medical tion can be granted to them, 11 they should retire, on the grounds
which they have stated, and for this reason alone no officers have
been sent to supersede them. I have, &c,
Glexelg.
[Enclosure.]
Sir Kichard Bourke to Lord Glexelg.
Sir, London, 16th Novr., 1838.
System In reply to your Letter of the 3d Inst, and in obedience to
Sir R>SBo!irke Lord Glenels's desire, I have the honor to state the course I would
for medical recommend to be taken with regard to the Medical Establishments
establishments, of N. S. Wales.
The question raised by the Despatch of Sir Geo. Gipps (23rd April.
1838, No. 65) appears to be principally whether it is expedient to
place the Colonial Hospitals wholly under Civil or wholly under
Military Regulation, as it has been found difficult to carry on the
service with a Military Chief and Civil Subordinates.
The change, which took place in 1836 in the direction of the
Colonial Hospitals, was not in consequence of any previous refer-
ence to me or by my recommendation. I am nevertheless of opinion
that it was a judicious measure to introduce the Regulations of
British Military Hospitals into those of the Colony, and to place
the final controul of those Establishments under the Director
General of Army Hospitals in England. There is not perhaps in
the whole range of Colonial Administration a Department whose
expenditure the local Govt, has in itself such little means of
checking as that of an extensive Hospital. It seemed desirable
therefore to adopt the matured system of superintendence, which
is found to answer so well for British Military Hospitals, both
abroad and at home, and to adopt it more especially in N. S. Wales
where the expense of the Medical Establishments is borne by the
British Treasury.
It will doubtless much facilitate the working of this system in
the Colony to fill up the vacancies, which occur in the list of
Medical officers of New South Wales by the appointment of Army
Surgeons and Assistant Surgeons. I proposed this arrangement
some time ago; but it was objected to by the Director General
upon grounds which I did not fully comprehend. It will now be
right, in my opinion, to take advantage of the proferred resignation
of the six gentlemen, who address Lord Glenelg, by appointing
Military Medical Officers to their Employments. I cannot perceive
any inconvenience likely to affect either the Colony or the Army
by the gradual substitution of Military for Civil Medical Officers
in N. South Wales. Persons fully qualified can doubtless be found
to serve as assistant Surgeons ; and, if the transportation of Con-
victs to that Country should be diminished or wholly cease, and
the Hospitals which are now chiefly required for them were to be
reduced, the Medical Officers would be placed on Half Pay. to be
GLENELG TO GIPPS. 765
brought forward elsewhere as circumstances might admit. Some is::'.
such retired allowance or compensation would necessarily be 17 Ja"-
granted, were civilians to be reduced. System
l have considered the Hospitals of N. s. Wales, maintained as proposed by
they are almost wholly for Convicts, as chargeable on the British pJ^eScai1<e
Treasury. The few tree Persons, whom the Local Govt, may deem eg[amijsmiients.
to require gratuitous treatment, will continue as at present to he
provided tor by the Colony by payments at a fixed rate made into
the .Military Chest. The Civil and Military Administration in New
South Wales being now exercised by separate officers, the Com-
mander of the Forces issues. I presume, Warrants on the Military
Chest tor the Medical Expenditure. The Civil Govt, might there-
fore he relieved from all superintendence of the Medical Estab-
lishments, retaining the power of directing, under geneial Regula-
tion, or by Special order when the latter might he necessary, the
admission into or discharge from Hospital of free Persons and
Convicts.
in the comparative Return of Expenditure furnished by Sir
Geo. Gipps in the appendix' to his Despatch. I rind that, in the
Charge for the Sydney Hospital under the new system, the payment
of £850 a year to the principal Medical officer of the old or Civil
Establishment is included, the necessary order for his discontinu-
ance on pay not having been issued by the Home Govt, for some
time after he had been superseded in duty by the Mily. Dep. In-
spector Genl. This payment has now ceased. Again the Return
sets forth, as I apprehend, the expense of the fixed Establishment
only of the several Hospitals, whilst it is in the charge for con-
tingencies, and especially for Medicines, that the Military Super-
intendence is expected to be found more advantageous to the Public
than the Civil. The comparative Statement therefore can hardly
be considered as shewing the relative merit of the two systems
as regards economy.
I am of opinion, in which Sir Goo. Gipps seems to concur, that
the Medical Gentn.. who have now sent in their resignations, are
not entitled to compensation for a loss which they impose upon
themselves. There is nothing in the system of British Military
Hospitals to which any professional Gentleman, placed in a sub-
ordinate situation and receiving pay for the discharge of duty,
can reasonably object. If he has just cause to complain of the
treatment he receives from a Superior, who is a Mily. officer, the
Military system affords a readier mode of redress than the Civil.
With respect to that part of Sir Geo. Gipps's Despatch of the
25th April, 1838, No. 66, which relates to the allowance of the
Deputy Inspector General of Hospitals and of the Purveyor, I
have nothing to subtract from or add to the Minute in my hand-
writing to which Sir Geo. Gipps refers. The allowances of both
officers should be strictly Military and nothing more. With regard
to the channel of communication which I adopted in corresponding
with Depy. Inspector Genl. Thompson. I found it necessary to use
the General Order Book and the pen of my Military secretary, as
well to constrain prompt obedience to my orders, as to cut short
contentious and insubordinate discussions to which the Deputy In-
spector Genl. of Hospitals was too prone. j have &c
Richd. Bourke.
64
HISTORICAL RECORDS OF AUSTRALIA.
1839.
17 Jan.
Transmission of
memorial from
F. C. Waldron.
Criticism
of claims of
F. C. Waldron.
Memorial of
F. C. Waldron
■claiming
remission
money in
purchase of
land and
compensation
for delay.
Lord Glenelg to Sir George Gipps.
(Despatch No. 11, per ship Fergusson.)
Sir, Downing Street, 17th January, 1839.
I transmit to you herewith a copy of a Memorial, which I
have received from Mr. F. C. Waldron, late Lieutenant in the
Army, on the subject of a difficulty which he has experienced in
obtaining the advantages granted to Military Settlers in the pur-
chase of land.
Mr. Waldron should have transmitted his application thro' the
prescribed channel; but I am unwilling in this particular in-
stance to create the further delay of referring the case again for
your report.
It appears from his own statement that he received the usual
certificate of his services from the Horse Guards on the 18th July,
1834, that is, nearly a month before the adoption of that regula-
tion which prescribed that such Certificates should be produced
in the Colony within twelve months from their date. Assuming
this fact to be correctly stated (and of its correctness you will
be able to satisfy yourself by reference to the document), and that
Mr. Waldron delayed his departure in ignorance of the new
restriction, I think he has a fair claim to the advantages, which
would have been accorded to him, had the delay not arisen.
With regard, however, to the further compensation which he
claims on account of the delay which has occurred since his
arrival in the Colony, it is impossible to entertain such a claim.
It was evidently contemplated, altho., not at first stated in
terms, that the officer should proceed to the Colony within a rea-
sonable time after he had received his Certificate. I perceive
moreover that Mr. Waldron neglected to send home any repre-
sentation of his case for more than a twelvemonth after his
arrival in the Colony. I have, &c,
Glenelg.
[Enclosure.]
The Memorial of Francis Charles Waldron, late a Lieutenant in
the 30th or Cambridgeshire Regiment of Foot,
To The Right Honorable The Secretary of State for the Colonial
Department, etca., etca., etca.,
Humbly sheweth That
In June. 1837, your Memorialist arrived in the Colony of
New South Wales purposing to settle here, under the provisions of
the Colonial order issued in August, 1831, relative to retired Officers.
In prosecution of this design, your Memorialist was at consider-
able expense for his passage and outfit, amounting to more than
one hundred and fifty pounds.
On your Memorialist's arrival, he applied to the Governor to be
allowed the priveleges granted to officers settling here, but was
refused.
GLENELG TO GIPPS. 765
On the arrival of the present Governor, Your Memorialist again 1839.
applied, and renewed his application at a subsequent period (July, 17 Jan.
L838), but with the same ill success; the reply your Memorialist Memorial of
begs to annex a copy of, and at the same time to state to your f. c. Waldron
Lordship that your Memorialist's Certificate and recommendation claiming
from the Horse Guards is dated July ISth, 1S34. prior to the pro- T™*y™
mitigation of the order of the 15th August. 1834, which Order purchase of
expressly provides that "no obstruction is to be offered by it to land and
previous recommendations of the Commander in Chief." compensation
Your Memorialist, having no prospect of obtaining a Concession or e ay"
of his claim here, throws himself entirely on your Lordship's kind
consideration and sense of Justice, Praying that you will be pleased
to order that the remission in the purchase of land be allowed
him: also that your Lordship will order a compensation to be
allowed him. either in money or land, in consideration of the
delay which has (already) taken place (12 months), and the
consequent deterioration of his prospects. In elucidation of this
deterioration. Your Memorialist suggests in the first instance his
expense in coming to the Colony; 2ndly, his expenses here since
his arrival, his capital being originally too limited to admit of bis
embarking as a Settler without the remission. 3rdly. The dis-
advantages under which lie will labour, even when your Lordship
may be pleased to make an order in his favor, owing to lands,
valuable from their contiguity to Sydney or other local advantages
being now occupied, which at the time of your Memorialist's arrival
were available to him as a purchaser. Lastly your Memorialist
begs to urge, on behalf of his being allowed a compensation, that,
had his just right been conceded to him (that is, remission money in
the purchase of land), be would since have been residing on his
land; and he feels justified in saying that the improved value of
this land would exceed £300 at this time. Your Memorialist there-
fore humbly trusts that your Lordship will accede to the prayers
of his Memorial, and grant him. in addition to his claim to remis-
sion money, compensation for the delay and injury thereby sus-
tained, either in money or land, to the amount of £300, or what-
ever your Lordship may think just ; and your Memorialist as in
duty bound will ever pray, which is submitted.
F. C. Waldron,
late a Lieutenant, 30th Regiment.
Wollongong, Illiwarra. New South Wales, 14th July, 1838.
[Sub-enclosure.]
Mr, T. C. Haringtox to Mr. F. 0. Waldrox.
Colonial Secretary's Office,
Sir, Sydney, 11th July, 1838.
I duly received and submitted to the Governor your letter Refusal of
of the 1st Instant, renewing your claim to remission money in remission
the purchase of Land as a retired Military Officer, together with the m°ce waldron
documents enclosed, herewith returned; and, in reply, am directed
by His Excellency to refer you to the 6th Clause of the Regulations,
issued from the Colonial Office on the 15th AugL, 1834, by which you
will perceive that your certificate ought to have been produced
in this Colony within one year from the date thereof, and to inform
you that His Excellency has no power under those regulations to
comply wTith your present request. I have, &c,
E. Y. Harington.
766
HISTORICAL RECORDS OF AUSTRALIA.
1839.
17 Jan.
Despatch
acknowledged.
Passage for
M. Cooper
and family
-unnecessary.
Sir George Gipps to Lord Glenelg.
(Despatch 2s o. 17, per ship Hygeia.)
My Lord, Government House, 17th Jany., 1839.
I have had the honor to receive your Lordship's Despatch
of the 12th July last, No. 152, enclosing to me a Petition from
Mary Cooper, the wife of a soldier named William Cooper, for-
merly of the 4th but now of the 80th Regt., and lately serving
with the Mounted Police force of this Colony, in which the said
Mary Cooper prays that a passage may be allowed to herself and
children to enable them to join her husband in New South Wales;
and I beg to report that, having communicated on this subject
with Lt. Coll. Baker, the Commanding officer of the 80th Regt.,
I have received a letter from the Lt. Colonel, by which I am in-
formed that William Cooper must from the state of his health be
shortly invalided, and that, as it is his intention thereupon to
return to England, he does not wish his wife and family to join
him in this country. I have, &c,
Geo. Gipps.
19 Jan.
Despatch
acknowledged.
Copy submitted
to Revd.
J. D. Lang.
Withdrawal
of stipends
form dissenting
•clergy.
Sir George Gipps to Lord Glenelg.
(Despatch No. 18, per ship Roslyn Castle.)
My Lord, Government House, 19th Jany., 1839.
My Despatch of the 14th instt., No. 14, was scarcely on
board ship, when I had the honor to receive your Lordship's Des-
patch of the 3rd Sept. last, No. 207, conveying to me the decision
of the General Assembly of the Church of Scotland in the case
of the Revd. Dr. Lang, and your Lordship's orders consequent
thereupon.
I lost no time in furnishing Dr. Lang with a copy of this des-
patch, and the delay which has occurred in the sailing of the
" Roslyn Castle " enables me to report that I have done so.
I have also informed Dr. Lang, and the Revd. gentlemen who
joined him in forming a Synod in New South Wales, that the
Salaries will immediately be discontinued, which have been paid
to them under the Local Act" of the last Session of Council
(2 Vict., No. 16) as I consider the decision of Her Majesty's
Government in their case to be a virtual disallowance of that Act.
I have stated to your Lordship, in my Despatch of the 14th
Inst., that the act was passed solely to preserve the religious
peace of the Colony, until a decision respecting Dr. Lang's pro-
ceedings could be obtained from England, and its having had this
effect will I hope carry with your Lordship a justification of the
policy which adopted it. I have, &c,
Geo. Gipps.
Note 134.
GIPPS TO GLENELG. 767
Sir George Gipps to Lord Glenelg. 1839-
20 Jan.
(Despatch No. L9, per ship Hope; acknowledged by
lord John Russell, 7th November, 1839. |
My Lord. Government House, 20th Jauy., 1839.
With reference to my Despatches of the 29th Sept. last,
No. 153, and 22d NTovr., No. 189, respecting the placing in Quar-
antine of the ship> " William Roger" and " Maitland," I beg Reieaseof
leave to report that the last of the Emigrants by these ships were ft"™81"*"*8
released on the 3rd Instt. and the Quarantine Establishment for quarantine.
the present broken up.
The number of deaths in Quarantine were: Mortality in
Adults. Children. (luara»tine-
-William Roger" 26 .. 18
"Maitland" 2 .. 3
Total 28 . . 21
I beg further to report to your Lordship that, considering the
disasters which have marked the voyages of both these vessels,
the dirty state in which the Emigrants by the " Maitland " were
reported to be on their arrival, and the enormous expenses which
have fallen on the Colony by their long detention in Quarantine,
T have not judged it proper to issue Gratuities to the Surgeon Non-payment
of the "William Roger" or to the Surgeon or officers of the of sratuities-
"Maitland"; though, as the Master of the "William Roger"
died in Quarantine, I have not withheld his Gratuity from his
Widow. If the result of the voyage is not to be taken into con-
sideration in the payment of Gratuities, I would respectfully
submit to your Lordship that there can be no sufficient reason for
making any part of the remuneration of the Surgeon's a con-
tingent one; for it will be scarcely ever possible to prove mis-
conduct or inefficiency against a Surgeon, unless indeed it be of a
nature to call for a far heavier punishment than the mere stop-
page of a Gratuity.
I have no positive charge of misconduct to prefer against
either of the Surgeons of these two vessels; but the enterprise, in
which they engaged, has been signally unfortunate. The loss of Payment to
their expected Gratuities is also the less heavy upon them, as, in servicS^n01
addition to their full pay, they have received the following sums quarantine,
for their services in Quarantine, vizt. :
£ s. d.
The Surgeon of the " William Roger " . . 64 10 0
" Maitland " . . . . 46 0 0
I have, &c,
Geo. Gipps.
768
EISTORICAL RECORDS OF AUSTRALIA.
1839.
22 Jan.
Advance to
agent general.
Approval
of payment
for seamen
on H.M. ship
Conway.
Lord Glenelg to Sir George Gipps.
(Despatch No. 13, per ship Fergusson; acknowledged by
Sir George Gipps, 11th November, 1839.)
Sir, Downing- Street, 22nd January, 1839.
The Lords Commissioners of the Treasury have directed
a further advance of £5,805 to be made to the Agent General for
New South Wales on account of the current services of the
Colony; I have therefore to desire that the necessary steps may
be taken for the repayment of that amount to the Military Chest
on the Station. I have, &c,
Glexelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 14, per ship Fergusson.)
Sir, Downing Street, 22nd January, 1839.
With reference to my dispatch No. 7 of the 4th Inst, re-
specting the attack which the Natives of one of the Feejee
Islands had made on the " Sir David Ogilby," I transmit to you
the Copy of a further letter from the Board of Treasury, sanc-
tioning the payment which you had authorized to be made to.
three of the men of that vessel, under the circumstances stated
in your dispatch. I have, &c,
Glenelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers, 21st January, 1839.
In reply to your Letter of Sth Instant enclosing Copy of a
Despatch from the Governor of New South Wales reporting a fatal
attack, which the Natives of one of the Feegee Islands had made
on the " Sir David Ogilby," a British Schooner, and recommending
that three of the wounded men of that vessel, who were selected
to proceed to those Islands in Her Majesty's Ship " Conway " should
be paid a remuneration at the average rate of Seamen's wages in
the Port of Sydney, out of The Queen's Chest, I have it in com-
mand from the Lords Commissioners of Her Majesty's Treasury
to acquaint you, for the information of Lord Glenelg, that my
Lords will not object to sanction the payment from the Military
Chest in New South Wales reported by Sir George Gipps, subject
to any directions it may hereafter be necessary to give as to the
Fund out of which the expense should eventually be defrayed.
I have, &c,
F. Baring.
23 .Jan.
Sir George Gipps to Lord Glenelg.
(Despatch No. 20, per ship Hope; acknowledged by
lord John Russell, 6th May, 1840. )
My Lord, Government House, 23rd Jany., 1839.
I have the honor to forward herewith, for the approval of
Her Most Gracious Majesty, an Act passed in the late Session
GIPPS TO GLENELG. 769
of the Legislative Council of New South Wales to regulate the 1839.
Distillation of Spirits, and the issue of Licences for Distilling, 8, m
Rectifying, and compounding Spirits in the Colony. distillery act.
The importance of the Act causes me to make it the subject
of a separate Despatch, and, in so doing, I beg to report to your
Lordship that, though the want of ;> Law to regulate Distillation
has been long acknowledged, the immediate necessity of the Act Necessity for
now submitted for approval was not felt, until it was reported to pa&
me by the Officers of Customs, late in the last session of the
Council, that a very serious defalcation in the duties on imported
Spirits had arisen from the increase of illicit distillation in the
Colony from Sugar, the produce of the Mauritius. Previous to
the passing of this Act, the duties chargeable on Spirits imported Former duties
into, or made in the Colony, were (under a local act, passed in 0Ubpni
1830, 11 Geo. IV, No. 9) as follows: Per Imperial
Gallon.
On Spirits, distilled from Grain the produce of the s. d.
Colony 3 0
(Mi Spirits, the produce either of Great Britain or
the West Indies, imported direct from Great
Britain 7 9f
On all other Spirits, whether imported or made in
the Colony 10 2|
Spirits made in the Colony from Sugar were therefore by Law
chargeable with the latter duty; but, being deemed excessive, it
has never been levied; and indeed the levying of it was impos-
sible, as no powers were given by the act to the Officers of Gov-
ernment, similar to those which Excise officers possess in England,
and no penalties laid upon persons evading payment of it. In
two Distilleries situated in Sydney, the smaller duty of 3s. per
gallon was levied, but the amount of all duties, paid on Spirits Average
distilled in the Colony, was on the average of three years, ending, revenue
with 1837, only £1,118 0s. lid. fr°m duties.
In proposing to the Legislative Council a new Law upon this
subject, I did not overlook the Despatch of Secretary Mr. Spring
Rice, dated the 25th July, 1834, in which a tax upon Sugar
was recommended instead of one 011 Distilled Spirits. The
apprehended unpopularity of a tax upon Sugar was probably the Objections
cause why that Despatch was never acted on by my Predecessor; l°^*on
and the objections, which might in 1834 have been urged against
the tax, have greatly increased since, by the increased practice
among the Settlers of giving Sugar to their Convict Servants
as a reward for good behaviour. A tax upon Sugar, sufficient
even to cheek the use of it in Distilleries, would put an entire
stop to the issue of it to Convict Servants; and your Lordship
must be well aware how desirable it is to encourage, among this
Sek. I. Vol. XIX— 3 C
70
HISTORICAL RECORDS OF AUSTRALIA.
1839.
23 Jan.
Objections
to tax on
sugar.
Inability to _
prevent illicit
distillation
from sugar.
Reduction of
duty on spirits
distilled from
sugar.
Provisions in
act of council.
Comparative
statement
of revenue
from duties.
class of the People, a taste for a beverage made from tea and
sugar instead of fermented liquors.
Sugar from the Mauritius pays only an ad valorem duty of
5 per Cent., whilst Eum from the same Colony pays 10s. 2d. per
gallon, and from the West Indies (via England) 7s. 8d. ; the
advantage therefore of Distilling from Sugar is very great; no
duty less than from 20s. to 25s. per cwt. would be sufficient to
check the use of it in Distilleries, whilst such a duty, or any-
thing approaching to it, would be sufficient to stop entirely the
issue of it to Convict Servants.
The idea of taxing Sugar being therefore abandoned, the next
question was whether, by any other means, illicit Distillation
from Sugar could be stopped, or even checked, without materially
reducing the duty on Spirits the produce of it; and it appeared
both to myself and the Council that, in a Country like New
South Wales, this was not to be hoped for; but that, whilst the
duty on spirits distilled from Sugar remained so high as 10s. 2d.
per gallon, all the power of Government would not suffice to stop
illicit Distillation. It seemed to us equally impossible to stop
distillation altogether, whether from Grain or Sugar, even by the
severest penalties; though we have since found that this has
been attempted in Van Diemen's Land. A comparatively low
duty on Spirits distilled from Sugar was therefore considered
the most advisable; and, after a lengthened enquiry before the
whole Council, that of 4s. 6d. per gallon was proposed and adopted,
the duty on Spirits distilled from Grain being left at 3s. as it
was before, and the duties on imported spirits also remaining
unchanged.
Your Lordship will perceive that adequate powers are given
by the Act to the officers, who are to carry it into execution, and
.penalties also imposed on persons who contravene it.
I subjoin, for your Lordship's information, a Comparative
Statement of the produce of the duties on imported spirits dur-
ing the years 1837 and 1838, shewing a defalcation in the latter
year of more than £20,000, notwithstanding the great increase
that has taken place in our Population ; and, in a separate Des-
patch, I shall have the honor to explain that a still further loss
is sustained by the Local Treasury by the way in which Draw-
backs have hitherto been paid to the Commissary General on
Rum supposed to be issued to the Troops. *
Hoping that this Act (which has only been passed for two
years) may meet Her Majesty's most gracious approval,
I have, &c,
[Enclosure No. 1.]
Geo. Gipps.
[This was a copy of the act of council, 2 Vict., No. 2J/.~\
GIPPS TO GLENELG. 771
From
| Enclos
[ATIVE Statement, refer]
Dm it's paid on
Imported Spirits.
6th Jany. to "th April .
6th April to "'tli July . .
6th July to LOth Octr. .
11th Octr, to ."tii Jany. .
are
red
£
No. 2.]
to in the
1838.
£ s.
30,283 2
30,426 1
27,519 19
21,404 19
foregoing Despa
1837.
d. £ s.
7 31,948 3
5 35,393 11
4 36,994 1
3 25,318 G
tch.
a.
5
9
o
4
1839.
23 Jan.
Comnarative
statement
of revenue
trom duties.
109,G34 2
7
£129,Go4 2
8
Sir George Gipps to Lord Glexelg.
(Despatch No. 21, per ship Hope; acknowledged by
lord John Russell, 7th May, 1840. )
My Lord, Government House, 23rd Jany., 1839.
In connection with my Despatch of this day's date on the Loss of
subject of the Distillery Laws of the Colony, and the injury drawback"^
which the Local Treasury has sustained from the extent to which rum for issue
illicit Distillation has been practised, I beg to draw your Lord- omiltaiy-
ship's attention to another very serious loss, which arises out of
the way in which the Drawback on Rum, supposed to be issued
to the Troops, lias hitherto been paid to the Commissary General.
The Commissary General does not issue Rum to the Troops
from his own Stores, but employs a Contractor to do it, paying
him at the average rate of about 12s. 6d. per gallon; and, for
every gallon of spirits for which he thus pays 12s. 6d., he claims
and receives a drawback from the Local Treasury of Ts. 9^d. on
the supposition that West India Rum alone has been issued to the
Troops. But the Commissary General takes no precaution, or at
least no sufficient precaution, that nothing but West India Rum
shall be issued, and we have very strong reason to believe that Fraudulent
not only adulterated Spirits are issued, but also Spirits distilled Jif^63
in the Colony, which have hitherto paid either no duty at all against
or a duty only of 3s. per gallon. contractors.
It is reported to me by the Collector of Customs that the
quantity of Rum, alleged to have been issued to the Troops by
the principal Contractors, has for a long time exceeded the whole
quantity on which they have paid duty, notwithstanding that
they supply also a vast number of Public Houses, and are largely
engaged in the wholesale Spirit Trade. Papers have been put
into the hands of the Attorney General, proving that, in the
year ending the 30th June, 1838, the quantity issued or sup-
posed to have been issued by the Principal Contractors (who
deal as one Firm) exceeded the quantity on which they paid
77:
HISTORICAL RECORDS OF AUSTRALIA.
1839.
23 Jan.
Fraudulent
practices
alleged
against
contractors.
Alternative
reforms
proposed.
Drawback to
be granted to
commissary.
Annual
amount of
drawback paid
to commissary,
duty by no less than 6,3-60 Gallons, the duty on which would
amount to £2,745, notwithstanding the very large Private trade
in which, as I have before stated, they are engaged; and though
the Attorney General may not be able to prosecute them to con-
viction, no reasonable doubt can I think exist of great frauds
having been practised. The universal custom of the Sydney
Merchants to buy and sell Spirits in Bond, and never to any
extent after the duty has been paid on them, forbids me to sup-
pose that the parties in question can have obtained in any legal
manner the great quantity of spirits issued by them, in excess
over what their receipts appear to have been by the Custom
House Books.
The Commissary General has himself shewn me samples of
Rum made in the Colony, which cannot be distinguished even
by good judges from West India Rum; if therefore the drawback
on West India Rum is still to be paid to the Commissary, your
Lordship will, I am sure, perceive the justice of requiring that
the issue of it should be made by his own Officers, and not by
means of a Contractor; or, if the issue continue to be made by
a Contractor, that the drawback demanded on it shall be only
equal to the duty payable on Spirits made in the Colony, instead
of that which is payable on West India Rum.
I have signified to the Commissary General that, from the time
of the passing of the New Distillery Act, which legalizes the dis-
tillation of Spirits from Sugar at the duty of 4s. 6d. per gallon,
and from Grain at 3s., I cannot continue to pay a Drawback of
7s. 9d. on Spirits consumed by the Troops without the most
clear and convincing proof that the higher rate of duty has been
first paid on them; and I trust your Lordship will approve of my
having so done. New South Wales is, I believe, the only part
of the world, in which spirits continue to form a portion of a
Soldier's Ration.
The total amount of Drawback paid to the Commissary
amounts to from £10,000 to £12,000 a year; your Lordship will
therefore perceive the vast importance of this subject to the
Colonial Revenue. I have, &c,
Geo. Gipps
25 Jan.
Appointment
of Revd.
J. J. Smith.
Lord Glenelg to Sir George Gipps.
(Despatch No. 15, per ship Fergusson.)
Sir, Downing Street, 25th January, 1839.
The Rev. J. Jennings Smith having been recommended to
me by the Society for the Propagation of the Gospel, and having
been approved by the Bishop of London, I have sanctioned
GLENELG TO GIPPS. 773
his appointment to the Ecclesiastical Establishment of New i839.
. 25 Jan
South Wales, and have authorised the Colonial Agent to issue
to him the usual allowance \'<*v outfit and passage.
I have, &c,
Glenelg.
Lord Glenelg to Sir ( teorge Gipps.
(Despatch No. J<*>. per ship Fergusson.)
Sir, Downing Street, 25th January, 1839.
I have received your dispatch Xo. 117 of the 28th July Approval of
last, and I have to convey to you the approval of Her Majesty's !J;^/J^\n0°rck
Government of the appointment of Mr. J. T). Pinnock to the office emigration.
of Agent for Emigration at New South Wales with a Salary of
£500 per annum, 1 have, &c,
Glexelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. IT. per ship Fergusson.)
Sir, Downing Street, 25th January, 1839.
With reference to my dispatch No. 5 of the 2d Inst., I have Allowance
now to signify to you Her Majesty's confirmation of the Act of ?fact,v
° ^ v i T investment
the Governor and Council of New South Wales for the Invest- of funds of
ment of Monies belonging to Intestate Estates by the Supreme estates*6
Court in the Sydney Savings Bank. I have, &c,
Glexelg.
Lord Glenelg to Sir George Gipps.
(Despatch Xo. IS. per ship Fergusson.)
Sir, Downing Street, 26th January, 1839. 26 Jan.
I was happy to observe that, in your answer of the 26th of
June last to the Petition transmitted in your Dispatch Xo. 112
of the 18th July, you expressed a strong opinion in favor of the Approval of
immediate discontinuance of the Assignment of Male Convicts assignment of
in Sydney, and other Towns of New South Wales. The in- male convicts
struction conveyed to you in my Dispatch Xo. 147 of the 6th July
last will to a great extent have embraced this, among other
points on which you were directed to take measures for carrying
into effect certain alterations in Convict Discipline; and my only
object in again noticing the subject is to express to you the
•entire concurrence of Her Majesty's Government in the opinion
of the expediency of adopting this change as a step towards the
entire discontinuance of assignment throughout the Colony at
as early a period as practicable. I am, &c,
Glenelg.
774
HISTORICAL EECORDS OF AUSTRALIA.
1S39.
26 Jan.
Submission
of acts of
council for
approval.
Act to
extension of
jury act.
Act to
continue
bushrangers
act.
Act re
medical
witnesses
at inquests.
Act re
investment
of funds of
intestate
estates.
Sir George Gipps to Lord Glenelg.
(Despatch No. 22, per ship Hope; acknowledged by
marquess of Normanby, 10th August, 1S39.)
My Lord, Government House, 26th Jany., 1839.
As required by the Constitutional Act of this Colony, I
had the honor to forward to your Lordship by the Ship " Dryade,"
on the 5th Novr. last, Duplicates on Parchment of Thirty one
Local Acts or Ordinances, which were passed by the Legislative
Council of New South Wales in the year 1838. I have now the
honor to enclose to your Lordship Printed Copies of the same,
which, on account of delays on the part of the Printer, I could
not forward earlier; and I have respectfully to express a hope
that these acts may meet the approval of Her Majesty.
I shall now proceed to give to your Lordship a succinct account
of the objects of each of them:
1 Vict. No. 1. — " An Act to further continue for a limited time
an Act intituled, ' An Act for regulating the Constitution of
Juries, and for the trial of Issues in certain cases, in the Supreme
Court of New South Wales.' "
This act merely continues for two years longer the existing
Jury Laws of the Colony.
1 Vict. No. 2. — " An Act further to continue for a limited time
An Act intituled, ' An Act to facilitate the apprehension of
Transported Felons, and Offenders illegally at large, and of per-
sons found with Arms, and suspected to be Robbers.' "
This act equally continues for a period of two years the act or
Ordinance, known in the Colony as the " Bushrangers Act."
I entirely concur in the opinion* respecting this act, repeatedly
expressed by my Predecessor ; the time is I fear however not yet
arrived, when it can be dispensed with in New South Wales.
1 Vict. No. 3. — " An Act to provide for the attendance of
Medical Witnesses at Coroner's Inquests and Inquiries held by
Justices of the Peace."
This act was passed to enforce the attendance at Coroner's
Inquests of Medical Practitioners, and to fix the rate at which
they should be remunerated. A subsequent Act (2 Vict., No. 22)
was passed later in the Session to declare the qualifications, which
should be necessary in a Medical man to make him a competent
witness on such occasions.
1 Vict. No. Jf. — " An Act for the investment of monies, be-
longing to Intestates' Estates, by the Supreme Court in the New-
South Wales Savings Bank at Sydney."
On the subject of this act, I had the honor to address your
Lordship in my Despatch of the 8th July last, No. 101.
Note 135.
GIPPS TO GLENELG. 775
. Vict. No. l. "An Act for the Conditional Remission of 1839.
Sentences of Convicts transported to Norfolk Island and More- '
ton Bay, and to enforce the conditions thereof." Amission of
This acl was prepared by Sir Richard Bourke, and submitted JgJgjgfJJ1
to the Council at a late period of the Session of 1S37, but with- Norfolk island
drawn with the intention of being- brought forward again in g*MoretOT
1 838. The object of it is to reduce the number of men at Norfolk
Island and Moreton Bay, and to facilitate the abandonment of
the latter as a Penal Station.
It experienced some little opposition in the Council, from an
apprehension that under it Cattle stealers might be brought
back, who are now at Norfolk Island under sentences for Life.
The act must on the same account be carried into execution
with great caution. Cattle stealers being a class of Offenders
extremely obnoxious to the wealthy Graziers of the Colony.
8 Vict. No. 2. — " An Act for regulating the Police in the Towns Extension of
of Parramatta, Windsor, Maitland, Bathurst, and other Towns, tocounSy
respectively, and for removing and preventing nuisances and towns,
obstructions, and for the better alignment of Streets therein."
The object of this act is to apply to the small Towns of the
Colony the principal provisions of the Sydney Police Act
(4 Wm. 4, No. 7). It appeared to me of great importance that
this should be done in a timely manner, in order to prevent the
growth of inconvenient local customs, and to secure an uniform
system of Police, as well as to prepare the Towns themselves for
Municipal Institutions.
2 Vic. No. 3. — "An Act to alter and amend an act intituled, Act to amend
'An Act for regulating the Police in the Town and Port of ^"fact.
Sydney, and for removing and preventing nuisances and obstruc-
tions therein.' "
This act was introduced to allow Placards or Handbills to be
posted on houses or buildings with the consent of the Pro-
prietors, the prohibition being absolute and total in the original
act, under which a man might have been fined for posting up a
Handbill on his own house.
2 Vict. No. Jf. — "An Act to give further time to prepare and Act re jury lists
settle the Jury Lists for the District of Maitland for the year ^Slnd
1838."
This act was rendered necessary by an accidental omission on
the part of the Police Magistrate of Maitland, and is in its
nature only temporary.
2 Vict. No. 5. — " An Act to provide for trial by Jury at the Act re trial
Courts of Quarter Sessions to be held at Melbourne and Port Melbourne and
Macqiiarie." Port Macquarie.
77
HISTOEICAL RECORDS OF AUSTRALIA.
1839.
26 Jan.
Special
licensing
act.
Act re
temporal
affairs of
religious
societies.
Act for
recovery of
fines, etc.
Act to abolish
certain fees on
registration
of vessels.
The Governor has power under a Local Act (3 Win. 4, No. 3,
Sec. 14) to appoint the places at which Quarter Sessions are to
be held; but, an express act being necessary to secure the attend-
ance of Juries, the present was passed.
2 Vict. No. 6.—u An Act to enable the Governor of New South
Wales to order the issuing: of Licences to retail fermented and
spirituous Liquors for the present year in certain cases."
This act was passed to enable the Governor to grant Licences
to certain Publicans, whose applications were not forwarded
within the time specified by law.
2 Vict. No. 7.—u An Act to regulate the Temporal affairs of
the Eeligious Societies, denominated Wesleyan Methodists, In-
dependents, and Baptists."
The Church Act of 1836 (7 Wm. 4, No. 3) authorised the
granting of assistance from the Public Funds to all denomina-
tions of Christians, and prescribed a general method of appoint-
ing Trustees for Churches or Chapels, built in part out of the
Public Funds of the Colony, which way of appointing Trustees,
however, has not been entirely approved of by any Sect or De-
nomination, and is indeed a faulty one. In 1837, Acts were
passed to enable Members of the Churches of England and Scot-
land, to appoint Trustees in a way more agreeable to themselves,
and the present act does the same for Wesleyans, Baptists, and
Independents.
2 Vict. No. 8. — " An Act for the more effectual recovery of
Fines, and enforcement of forfeited Recognizances, imposed and
entered into, by and before, Justices of the Peace in New South
Wales."
This act was rendered necessary by the difficulties hitherto
experienced in the recovery of Fines, forfeited Recognizances,
etc a.
2 Vict. No. 9. — " An Act to authorise the abolition of certain
fees, heretofore paid on the Registration of vessels in the Colony
of New South Wales."
This act was introduced to relieve the Mercantile community
from the payment of a fee of Is. per ton on the Registration of
vessels. In England there has been for some years no fee, and
therefore the exaction of one in New South Wales was com-
plained of. The average of the Fees collected in the last three
years was only £173 per annum. This therefore will be the extent
of the loss, which the Local Treasury will sustain by the abolition
of this inconvenient fee.
2 Vict. No. 10.—" An Act for adopting certain Acts of Parlia-
ment, passed in the first year of the Reign of Her Majesty,
GIPPS TO GLENJWLG. 777
Queen Victoria, in the administration of Justice in New South 1839.
Wales, in like manner as other laws of England are applied " ' a"'
therein." A( ' <() adopt
This act was passed on the recommendation of the Judges to criminal
adopt, in ftew South Wales, certain acts of the English Parlia- statutes-
meat passed in the year 1837 to mitigate the severity of the
Criminal Law.
J Vict. No. 11. — "An Act to facilitate the apprehension of Act,'e
Offenders escaping from the Island of Van Diemen's Land, or 0f offenders
from South Australia, to the Colony of New South Wales." escaping from
This act is intended to facilitate the apprehension of Criminals, andSouth
passing from one to any other of the Australian Colonies.
J Vict. No. 12- "An Ad for preventing the extension of the Catarrhin
disease, commonly called the Intlueuza or Catarrh, in Sheep and sheePact<
Lambs in the Colony of New South Wales."
This act was passed to prevent as far as possible the spreading
of a very fatal disease, called the Catarrh, in Sheep, of which
many thousands have died in the course of the last few years.
The act is modelled upon one previously existing in the Colony to
prevent the extension of the Scab in Sheep (3 Willm. 4, No. 5).
2 Vict. No. IS. — " An Act to authorise the marriage of Minors, Act re
without the consent of Parents or Guardians in certain cases." oTSnors.
By an act of Council (7th Wm. 4, Xo. 6) to prevent Clandes-
tine Marriages, Minors, whose Parents were absent from the
Colony, could not be married without the consent of a Guardian
appointed by the Supreme Court. This was found in many
cases to be inconvenient, especially in those of young female
emigrants, who frequently come to the Colony under the charge
of a friend or relation. The present act was therefore passed to
enable the Judges to appoint in each District of the Colony
a functionary, to whom Minors might apply without the neces-
sity of resorting to Sydney or of employing an Attorney.
2 Vict. No. Ik- — "An Act to revive, and continue for a limited Act to revive
time An Act, passed in the second year of the Reign of His late ^"btorTact.
Majesty, King Wm. 4, intituled, ' An Act for the relief of
Debtors, in execution for Debts which they are unable to pay,'
and to make certain amendments therein."
The Insolvent Debtors Act (2 Wm. 4, No. 2) expiring on the
31st Augt., 1838, it became necessary either to make a new act
or to continue the old one. An entirely New Law, drawn up by
one of the Judges (Mr. Burton), was presented to the Council
very early in the Session, and referred to a Committee. Being
however a subject, on which much difference of opinion was found
to exist, it became impossible to get the New Bill through the
Council in sufficient time: and therefore, at the recommendation
778
HISTORICAL RECORDS OF AUSTRALIA.
1839.
26 Jan.
Appropriation
act.
Act re
payment of
stipends to
certain
Presbyterian
clergy.
Act to amend
post-office act.
Licensing
act.
Crown lands
occupation act.
Act to amend
act re
newspapers.
of the Committee, the old Law has been continued, with some
slight amendments, until the 31st Aug't., 1840.
2 Vict. No. 15. — "An Act for applying certain sums arising
from the Revenue, receivable in New South Wales, to the service
thereof for the year 1839, and for further appropriating the said
Revenue."
On this subject, I have addressed your Lordship in a separate
Despatch, No. 160 of the 12th Oct., 1838.
2 Vict. No. 16. — " An Act to authorise the payment of monies
for the year 1839 to certain Presbyterians in New South Wales
under the provisions of an Act intituled, ' An act to promote the
building of Churches and Chapels, and to provide for the main-
tenance of Ministers of Religion in New South Wales.' "
On the subject of this act, I had the honor to address your
Lordship in my Despatch of the 14th of the present month,.
No. 114.
2 Vict. No. 17. — "An Act to amend an Act intituled 'An Act
to provide for the conveyance and postage of letters.' "
This act merely regulates the postage of letters arriving by
Sea, and was passed to stop an abuse, which arose in Van Die-
men's Land, of putting any number of letters under one cover,
instead of sending them singly through the Post Office.
2 Vict. No. 18. — " An Act for consolidating and amending the
Laws, relating to the Licencing of Public Houses, and for further
regulating the sale and consumption of fermented and spirituous
liquors in New South Wales."
The circumstances of the Colony having rendered several
alterations necessary in the Licensing Act, it was thought better
to pass an entirely new act, than to amend the old one. The
principal novelty in the Bill is the establishment of a Wine and
Beer Licence at a lower price than a Spirit Licence. The price
of the Spirit Licence too is raised from £25 to £30.
2 Vict. No. 19. — " An Act to continue and amend an Act, in-
tituled, ' An Act to restrain the unauthorised occupation of
Crown Lands.' "
On the subject of this act, I had the honor to address your
Lordship in my Despatch No. 180 of the 7th Novr. last.
2 Vict. No. 20. — " An Act to amend an Act intituled, ' An act
for preventing the mischiefs, arising from the Printing, and
publishing Newspapers, and Papers of a like nature, by persons
not known, and for regulating the printing and publication of
such papers in other respects; and also for restraining the abuses,
arising from the Publication of blasphemous and seditious
Libels.' "
GIPPS TO GLENELG. 77
This act was passed in order to relieve the Editors of News- 1839.
papers at Port Phillip, and other distant parts of the Colony,
from the necessity of coming to Sydney to make certain affidavits
required of them by an existing law. By this Act, they are
authorised to make them before a Police Magistrate on the spot.
! Vict. No. 21. — " An Act to indemnify the officers of Customs Customs
and others for having permitted the importation of Liquors, indemnity
Cordials, and Spirituous Syrups, on payment of less than the act-
accustomed duty."
In the early part of the year 1837, an application was made by
the officers of Customs to the Governor (Sir Richard Bourke) to
allow Cordials and Spirituous Compounds to be imported at the
duty only of 5 per cent, ad valorem, in lieu of the duty on Spirits,
on the ground that they often contained but a very small portion
of Alcohol. This request was acceded to by Sir Riehd. Bourke,
and accordingly no duty beyond that of 5 per cent, ad valorem
was levied on them from that day forward. When however the
suspension of the duty came to be known in England, an intima-
tion was sent by the Commissioners of Customs to the Collector
and Comptroller on the spot, that an act of the Legislature was
necessary to repeal the duty. The question being thus again
brought forward, the expediency of discontinuing the duty did
not appear so clear, the duty in England on Compounds and
Cordials being higher than that on Spirits, instead of lower. The
old rate of duty will therefore henceforth be levied, and the pre-
sent act was passed to indemnify the Officers of Customs for
having allowed the importation of these cordials on payment of
less than the accustomed duty.
2 Vict. No. 22. — " An Act to define the qualifications of Medical Act re
Witnesses at Coroners' Inquests, and Inquiries held before Jus- of medical0"*
tices of the Peace in the Colony of New South Wales." witnesses.
This act is a temporary supplement to the act previously
passed (1 Vict. No. 3). Under it, a Medical Board* for the
examination of Diplomas has been established in Sydney, to
which Board may perhaps hereafter be confided the higher duty
of granting Diplomas, a power which it was not judged expedient
as yet to entrust them with.
2 Vict. No. 23. — " An Act for the more effectual appropriation Act re
of Fines and Penalties in certain cases in the Colony of New oFfii^and10"
South Wales." ( penalties.
By some late decisions in the Supreme Court, it was declared
that, in consequence of there being no legal Poor in the Colony,
nor any legal Poor's fund, the penalties could not be levied, which
*Note 136.
780
HISTORICAL RECORDS OF AUSTRALIA.
1S39.
26 Jan.
Distillery act.
Act to amend
building- act
for town of
Sydney.
Act for free
importation
of grain.
Act to amend
Union
assurance
company's
act.
in certain English Acts of Parliament are directed to be paid
to the Poor of the Parish. An act therefore was deemed ex-
pedient to declare that all such Fines should be payable to the
different Benevolent Institutions in the Colony, they being the
only Societies which exist for the relief of the Poor.
2 Vict. No. 2k-— u An Act to regulate the Distillation of Spirits
in the Colony of New South Wales, and for the issue of Licences
for distilling, Rectifying, or Compounding Spirits therein."
On the subject of this act, I had the honor to address your
Lordship in my Despatch No. 20 of the 23rd Instant.
2 Vict. No. 25. — " An Act to amend an Act, intituled, ' An act
for regulating Buildings and Party Walls, and for preventing
mischiefs by Fire, in the Town of Sydney.' "
In the year 1837, a Building Act for the Town of Sydney was
passed, very much upon the model of that which has long been
in force in the Cities of London and Westminster. It having
been found necessary to modify that Act in many particulars, the
present Act was passed for that purpose.
2 Vict. No. 26. — " An Act to exempt from duty and wharfage
Rates, for a certain time, Flour and Meal and Wheat and other
Grain and Pulse, imported into New South Wales."
In various Despatches I have incidentally informed your Lord-
ship that the year 1838 was one of extreme drought, and I lament
now to have to add that, in consequence of it, the Corn Crops
failed very generally in the Colony. There fortunately having
been an abundant harvest in Van Diemen's Land, no apprehen-
sion of Famine or even of great scarcity is entertained; but it was
thought expedient, before the separation of the Council, to pass
a Bjll to exempt for one year Grain of all descriptions from the
payment of the ad valorem duty of 5 per cent., to which it. is
otherwise subject, and from the payment of wharfage dues, when
landed on the Public Quays.
Private Act. — "An Act to amend an Act intituled, ' An Act
to enable the Proprietors of a certain Company, carried on in the
Town of Sydney in the Colony of New South Wales, under the
Name, Style, and Firm of ' The Union Assurance Company of
Sydney,' to Sue and be sued in the name of the Chairman of the
said Company for the time being, and for other purposes therein
mentioned.' "
This act was passed in consequence of the Instructions con-
tained in your Lordship's Despatch, marked Separate of the
19th of May, 1837. I have, &c,
Geo. Gipps.
GLENELG TO GIPPS. 781
Lord Glenelg to Sib George Gipps. issq.
(Despatch No. 19, per ship Fergusson; acknowledged by
Sir George Gipps, 30th October, 1839.)
Sir, Downing Street, 27th January, 1839.
I have the honor to inform you that I have appointed Mr. Appointment of
James Croke, a Member of the Irish Bar, to be Clerk of the deSS^rown
Cn>\vn at Port Phillip. Mr. Croke has been informed that he at Port Phillip,
will receive half Salary from the date of embarkation, his full
Salary at the rate of £400 a year commencing on his entering
on the duties of his Office. 1 have, &c,
Glexelg.
Lord Glenelg to Sir George Gipps.
(Despatch No. 20, per ship Fergusson; acknowledged by
Sir George Gipps, 8th January. 1840.)
Sir, Downing Street. 28th January, 1839. 28 Jan.
I have received your dispatch No. 96 of the 3rd July last Correspondence
relative to a forgery committed on the Colonial Treasury to the colonial70"
amount of £159, and, having referred the question for the con- treasury,
sideration of the Lords Commissionrs. of the Treasury, I now
transmit to you for your information and guidance a copy of a
letter, which has been received in reply, and of a report therein
enclosed from the Commissrs. of Audit, and beg to call your
particular attention to the renewed representation in that report
with regard to the arrear in the transmission of the Accounts of
your Government. I have, &c,
Glexelg.
[Enclosure.]
Mr. F. Baring to Under Secretary Stephen.
Sir, Treasury Chambers. 21st January, 1839.
The Lords Commissioners of Her Majesty's Treasury having Decision by
had under their consideration the Despatch from the Governor of treasury
New South Wales and the other documents relating to a Forgery, J™monS
by which the Treasury of that Colony had been defrauded of a colonial
Sum of £159. which were submitted in your Letter of 18th Ultimo, treasury,
and. having referred the same for the opinion of the Commissioners
of Audit. I have it in command to transmit Copy of their Report,
and to request that in submitting the same to Lord Glenelg, you
will state to His Lordship that my Lords entirely concur in the
observations of the Commissioners respecting the apparent negli-
gence on the part of the Treasurer's Department and want of due
caution on the part, of the Auditor in regard to the transaction, in
which the reported Forgery and Fraud were committed, and that,
before my Lords can relieve the Treasurer from responsibility for
the amount obtained from the Treasury by the forged Documents,
they would require much more satisfactory proof than is furnished
782
HISTORICAL RECORDS OF AUSTRALIA.
1839.
28 Jan.
Instructions re
transmission
of accounts
in arrear.
by the despatch and the other documents above referred to, that
every due precaution had in the first instance been used by the
Treasurer to prevent the imposition, and that every practicable
exertion had been made, on the discovery of it, to detect and punish
the offenders, and to recover the amount of the payment which had
been fraudulently obtained.
I am further to request you will accordingly move Lord Glenelg
to cause my Lord's decision, with respect to the responsibility of the
Treasurer, to be signified to the Governor of New South Wales;
and that you will also call his Lordship's attention to the con-
cluding observations in the Report of the Commissioners of Audit,
and that you will further move his Lordship to desire Sir George
Gipps to give such directions both to the Auditor and to the Trea-
surer as will expedite the transmission of the accounts in arrear,
and of the explanation required by the Commissioners of Audit,
and will prevent a recurrence of the delay in either of these re-
spects that is stated to have occurred. I am, &c,
F. Baring.
Report by
audit
commissioners
re forgery on
colonial
treasure.
[Sub-enclosure.]
Audit Commissioners to Lords Commissioners of
Her Majesty's Treasury.
My Lords. Audit Office, 10th January, 1839.
We beg leave to acknowledge a letter from Mr. Baring of
the 1st Instant, with the enclosed Copies of a Despatch and accom-
panying papers from the Governor of New South Wales reporting
a Forgery on the Colonial Treasurer to the amount of £159, and
Mr. Baring having communicated to us your Lordship's desire that
we should consider the above Documents with reference to the
Instructions given to the Treasurer and Colonial Auditor, and
submit such suggestions as may occur to us as to the claim of the
Treasurer to relief, and also as to any further precautions that
may tend to prevent the recurrence of frauds of this description.
We beg leave to report that it appears, by the papers herewith
returned, that a sum of £159 was due to John Chapman of Benima
(a place about SO miles from Sydney) for clearing the Streets
of that Township. On the 2nd November, 1837, an Order dated
Benima. 23rd October, 1837, directed to C. D. Riddell, Colonial
his
Treasurer, purporting to be signed by John x Chapman and to be
mark.
witnessed by James Hume, authorizing Mr. John Hunter to receive
the amount (£150) due to him. Mr. Chapman, for clearing the
Streets in the Township of Benima. was registered in the office of
the Colonial Auditor, Mr. Lithgow. and certified on the face of it to
have been so registered by J. McGibbon, a Clerk in the Auditor's
Department. On the same day. a Warrant on the Colonial Trea-
surer, prepared in the same office, was submitted to and signified
by Sir R. Bourke. then Governor of the Colony, for the payment
of various Public expenses amounting together £80S 5s. 8|d., in
which the sum of £159 due to John Chapman was included, the
registered Order for the payment of the said Sum to " John
Hunter " was then taken to the Treasurer's office and discharged
as stated on the receipt of the Bearer.
GLENELG TO GIPPS. 783
Such being the principal circumstances of the case, we now beg 1839.
leave to advert to the Instructions given to the Treasurer and to 28 Jan.
the Auditor of New South Wales in resped of payments made Reportby
under assignments or Powers of Attorney. audit
By the 13th Article of the Instructions to the Treasurer, it is commissioners
enjoined that. " whenever any Salary or other payment due to any ™]o°r£jry on
Individual is claimed on his behalf by another person, you will treasury.
require a sufficient Assignment or Authority in writing in support
of such Claim, and you will, before the payment is made, cause the
authority to be exhibited to the local Auditor, and registered in
his office, the nature of the Authority under which such Representa-
tive Acts is to be stated in the pay list or receipts, and the Auditor
will certify at the foot of the Pay List or Voucher, when examined
by him, that the person receiving the payment had a regular
authority for that purpose."
By the 9th Article of the Instructions to the Auditor, it is on-
joined ,,Vou will see that all assignments, Power of Attorneys or
other I documents, presented to you under the 13th Article of our
Instructions to the Treasurer, are legally executed. You will keep
a Register of them and will annex to the Receipts for all payments
made under them a Certificate to the following effect " : —
" I (A.B., Auditor) do certify that a sufficient authority has
been shewn to me on the part of CD. for receiving the Salary or
payment due to E.F."
According to these Instructions, the Treasurer ought in the pre-
sent case to have required, previously to making the payment, a
" sufficient assignment or authority " in support of the claim, and
the Auditor, on the order of John Chapman being exhibited to him,
ought to have ascertained that it was an Instrument legally
executed such as he could certify at the foot of the receipt for
the Money to have been a sufficient authority to the Party ex-
hibiting the same.
It however appears to Us that the Document in question is in no
proper sense such authority as ought to have been admitted by
either of these Officers in support of the claim ; certainly not, at
least, without some previous enquiry as to the party presenting it
and the hand writing and respectability of the Witness, upon whose
attestation the fact of its having been executed by Chapman alone
rested : the AYitness, James Hume, whose residence and occupation
are not described, and John Hunter the party presenting the
Power being, as it seems, wholly unknown ; and although the order
specifies the amount due and the description of service performed,
your Lordships will observe that it does not refer either to any
agreement or to any account delivered, and that it does not state,
as alleged by the Treasurer Mr. Riddell in his letter to Sir George
Gipps, such particulars as would generally be inserted in a regular
Power, the omission of which combined with other circumstances
ought to have awakened attention in both the Departments con-
cerned. Such an Assignment, independently of all question of
stamps, if produced in England to a Department either of Registra-
tion or Pay. would not have been deemed satisfactory.
It may for instance be presumed, as the forged order is dated
23rd October and the Warrant was not granted till the 2nd No-
vember, that the order was brought in for inspection and Registra-
tion some days previously to payment ; and it appears to us that
the Auditor ought to have suspended the Registration of the order,
784
HISTORICAL RECORDS OF AUSTRALIA.
1839.
28 Jan.
Report by-
audit
commissioner!
re forgery on
colonial
treasury.
and the Treasurer the payment of the money, until it should have
been ascertained by a reference to Chapman whether he had really
given the authority for payment. The most common prudence
would, in our opinion, have dictated such a course in the case of
an illiterate man, who could not sign his name.
We have presumed in the above statement that the forged Power
had been brought to the Auditor's Office some days previously to the
claim being inserted in the Warrant ; but, if this document was
first produced on the very of the Warrant being submitted to the
Governor and signed, there would be stronger grounds, in our
opinion, for suspecting some connivance in the fraud on the part
of Persons employed in the Auditor's Department.
The Opinion, expressed by Mr. Riddell that he considers the
Registration by the Auditor as a sufficient authority for him to pay
any order, is wholly at variance with his Instructions, by which he
is directed to require the production of sufficient assignments or
authorities in support of such claim ; and likewise as we apprehend
with such reasonable diligence and caution as such an officer is
bound to exercise, it being clearly his duty to ascertain by such
means as may be in his power that the Person, he pays, is the
party entitled to receive, or that he pays on the known hand writing
of that party, or that he knows well the Witness to the Mark of
such party and his hand writing, or at least the party presenting
the Order, whereas the payment was here made to an unknown
Individual on an unknown signature, which would be in our
opinion an unusual degree of laxity in this Country, but certainly
a most imprudent course in such a place as New South Wales.
Mr. Riddell likewise lays great stress on the circumstance of
Convicts being employed in the office of the Auditor, and thinks
that the Forgery was " got up " among the Clerks. We concur
with Mr. Riddell in considering it is an improper practice to employ
such persons in Situations of responsibility; and. although there
appears to be no sufficient grounds for the Treasurer's surmise, the
Individuals concerned being stated by Mr. Lithgow to have been
employed in his Department with credit to themselves for upwards
of seven years, and being in his opinion, after a strict enquiry,
entirely free from suspicion of being implicated in the fraud, we
think that the duty of examining and registering Assignments for
money ought not to be left as in the present instance to a Convict
Clerk ; and we find, by Mr. Lithgow's letter, that he intends to use
greater caution in future ; that the registration of such documents
is to be authenticated by himself or his chief clerk, and that
parties, unknown to him, will in such cases be called upon in future
to shew by some collateral proof that they are bona fide Assignees.
We beg leave to add, with reference to Mr. Riddell's observation
as to the probability of the particulars of the claim having been
obtained through the Auditor's office, that any Individual might in
casual intercourse with Chapman have heard him mention the
sum due to him by the Government for clearing the Streets of
Benima and thus have availed himself of the information for
fraudulent purposes. It might however have been expected, under
the circumstances stated, that some person conversant with hand-
writing should have been desired to examine the hand-writing of
the Forgery, and particularly of the Witnesses Signature and to
compare the same with the hand-writing of the Clerks in the Trea-
surer's and Auditor's offices ; and if possible with that of the Mason
GLENELG TO GIPPS. 785
suspected of the Forgery and who had absconded. But it does not 1839.
even appear to have been ascertained whether this suspected person 28 Jan.
could write or whether his hand-writing was known to anyone Repo^T
at Sidney or Beniina : nor indeed do we tind. from the Governor's au(jit
letter or the other papers before us. that any diligent enquiry commissioners
had been set on foot, or any careful investigation of the facts had ^5£jgryon
taken place. treasury-
On the whole, we do not think that either the Auditor or the
Treasurer have exercised a reasonable degree of caution in the
case before us. or that they have sufficiently attended to their
Instructions. The Treasurer in particular seems altogether to
have misunderstood his proper duty, and we cannot therefore re-
commend to your Lordships to relieve him from the responsibility
to which he has made himself liable.
With regard to any other precautions to guard against the re-
currence of similar irregularities, we conceive that no regulations
could prevent a Treasurer or Paymaster from acting with inatten-
tion or carelessness, and overlooking obvious defects in the acquit-
tances taken by him. The Instructions now in force appear to us
quite sufficient if properly observed for the object required.
We beg leave to take this opportunity of referring to a repre-
sentation of this Board of the 3rd May. 1838, in which we noticed Delayin
the tardiness both of the Treasurer and Auditor of New South
Wales in replying to communications from this Office and furnishing
explanations required, and also as to transmission home of the
Treasurer's accounts, the latest period to which we have these
accounts being March. 1836. Your Lordships were pleased to
apprize us. by a letter of the 11th May. 1838, that a communication
on the subject would be made to those Officers through the Secre-
tary of State, but we have had no subsequent instruction as to the
directions which may have been given, and we deem it proper now
to state that the Accounts are at this time seven months more in
arrear, than when we made our former Report.
We have. &c.
F. S. Larpent. W. L. Herries.
H. F. Luttrell. Edward Romilly.
submission
of accounts.
Lord -Glexelg to Sir George Gipps.
(Despatch Xo. 21, delivered by Mr. La Trobe : acknowledged by
Sir George Gipps, 4th November, 1839.)
Sir. Downing Street, 29th January, 1839, 29 Jan.
I have to acquaint you that Mr. Charles J. La Trobe has Appointment of
been selected for the office of Superintendent at Port Phillip, and as super-
will shortly proceed to the Colony.
I enclose, for your information, a copy of the letter which has
been addressed to him notifying his appointment.
I have to request that you will communicate fully with him on
his arrival at Sydney on all points connected with the affairs
of the settlement.
Ser. I. Vol. XIX— 3 D
intendent at
Port Phillip.
786
HISTORICAL RECORDS OF AUSTRALIA.
1839.
29 Jan.
Instructions
required re
aborigines.
Allowance
ior passage
and outfit.
Appointment of
C. J. La Trobe.
General
instructions
Salary and
allowances.
One of the most important subjects, to which his attention
should be directed, is the state of the Aborigines and the relations
between them and the settlers.
My despatches on this subject and the more recent information,
which you will have acquired, will enable you to give Mr.
La Trobe such instructions and suggestions as may be requisite
for his guidance; and I have no doubt you will find him desirous
of carrying into effect with zeal and energy all your directions
on this and every other point connected with the interests of this
rising settlement.
Under the peculiar circumstances of the case, I have thought
it right, with the concurrence of the Lords Commissioners of the
Treasury, to sanction the issue from the revenues of the Colony
of a moderate allowance on account of Mr. La Trobe's outfit and
passage. I have, &c,
Glenelg.
[Enclosure.]
Sir George Grey to Mr. C. J. La Trobe.
Sir, Downing Street, 4th February. 1830.
I am directed by Lord Glenelg to notify to you your appoint-
ment to the office of Superintendent of the Settlement of Port
Thillip within the Colony of New South Wales.
It will be requisite that you should proceed by way of Sydney,
where you will report your arrival to the Governor, and give to
him the enclosed despatch notifying your appointment. You will
receive from Sir George Gipps instructions for your guidance. To
him, as your immediate superior, you will make your Reports, and
address all official communications ; and you will follow such direc-
tions as you may from time to time receive from him.
You will be entitled to a Salary at the rate of £800 a year, pay-
able from the Colonial revenue, and which will include house rent
and every other charge except the forage of two horses, for which
yon will receive an allowance estimated at about £70 a year.
In accordance with the general rule of the Colonial Service, you
will receive half Salary from the date of your embarkation for the
Colony, your full Salary commencing from the time of entering on
the duties of your office. An allowance will also be made to you of
£300, before you leave England, to defray the expense of your outfit
and passage. I have, &c,
Geo. Grey.
•87
APPENDIX.
10 July.
Lord Glenelg to Sir Richard Bourke.
(Despatch No. 341, per ship James Pattison.)
Sir, Downing Street, 10th July, 1837.
I have received your Despatch Xo. 121 of the 12th No-
vember hist, relative to the occupation of Port Phillip, in which Despatch
you enclose Extracts of the Proceedings of the Executive Council a<
in regard to the claims of the Port Philip Association, and of
other parties settling in that District, in the acquisition of Land.
In reply, 1 have to signify to you my approval and confirmation Approval of
of the resolutions of the Council, and of the proceedings of the pSfphUUp
Local Government founded on those resolutions. association.
The reasons, assigned in your Despatch and in the Report of Necessity for
the Council for an inflexible adherence to the principle of Sales s5S"fland
by Auction according to the present system, are conclusive; and by auction,
it is clearly shown that a departure from that principle in the
present case would involve a sacrifice of the best interests of the
Australian Colonies.
Another motive for adhering to this principle might have been
drawn from the contiguity of Port Philip to South Australia.
The granting of Land without purchase in that part of Xew
South Wales would of course have been wholly incompatible
with the prosperity of the adjacent Colony, as a competition
would thus be created for Settlers and for the investment of
capital, with which it would have been impossible for South
Australia, where the upset price of Lands is fixed by Parliament
at twelve shillings per acre, to contend.
The production of the opinions of Sir W. Follett and of
Messrs. Bage and Timberton tend still more strongly to confirm
me in the opinion, which I had already formed as to the extent
of the rights of the Crown, and as to the invalidity of the title
on which the Association relies.
In the course of the communications between the Settlers of
Port Philip and your Government, I perceive that much stress
is laid on the language of the letters" which by my direction
Sir George Grey addressed to Air. Mercer. It is argued that those interpretation
letters recognize a right on the part of the Settlers, first, to a J*gw*fetions
priority of the purchase of the lands which they had occupied Port Phillip
or improved, and, secondly, to a protection of all their claims and
reasonable expectations. The Council, observing that priority
of- purchase and a Sale by Auction being wholly incompatible
<
* Note 137.
HISTORICAL RECORDS OF AUSTRALIA.
1837.
10 July.
Interpretation
of negotiations
with
Port Phillip
association.
and contradictory, understand Sir George Grey's letters as leav
ing it open to them to refuse the required priority. This con-
struction is as completely in accordance with Sir George Grey's
language as it is with the reason of the case. Mr. Mercer was
not informed that any priority of purchase would be accorded to
the Association, or that any of their claims or expectations would
be admitted, excepting such as might be found fair and reason-
able. On the contrary, he was distinctly informed that the Local
Government of New South Wales would be directed to put up the
land at Port Philip for Sale at an upset price. It appeared to
me, however, that, under the circumstances of the case, there
might probably be some particular spots, for example the sites
of buildings, gardens, or other enclosures, which it might be rea-
sonable to except from this general rule. But, cautious of making
even that concession without the advantage of the previous
enquiries and advices of the Local Government, I expressly
declared that such arrangements only could be "made for this
purpose, "as might appear to the Governor to be reasonable."' "
Thus the general principle of Sales by auction was distinctly
affirmed, and the propriety of admitting the proposed exception
from it was referred to the discretion of the Local Government.
That discretion having been maturely exercised on a full con-
sideration of all the facts of the case, and of all the principles
bearing on them, I cannot admit that there is any inconsistency
between the assurances conveyed to Mr. Mercer, and the ultimate
decision which, in deference to the opinion of the Local Govern-
ment, I now sanction and adopt. I am, &c,
Glenelg.
COMMENTARY.
COMMENTARY
ON
DESPATCHES
July, 1837— January, 1839.
Note 1, page 13.
A letter.
This letter rilled a column arid a half of the newspaper. Complaints were
made of such ill-treatment on embarkation at Cork that on the following-
day a request was made but refused for permission to disembark. Complaints
were made against the rations, alleging that the deaths of two children were
due to want; against the accommodation provided; against the confinement
below decks; and against the conduct of the officers.
Note 2, page 25.
Lord Glenelg to Sir Richard Bourke.
This despatch was received by Sir George Gipps on the 2nd of May, 1838.
Note 3, pages 37, 219 and 357.
The Passengers Act.
This was the statute, 5 and 6 Wm. IV, c. liii, entitled, " An Act to repeal
an Act of the Ninth Year of His late Majesty for regulating the Carriage
of Passengers in Merchant Vessels from the United Kingdom to British
Possessions on the Continent and Islands of North America, and to make
further Provision for regulating the Carriage of Passengers from the
United Kingdom." It was passed on the 31st of August, 1835.
Note 4, page 41.
The Instructions.
These instructions were dated 20th May, 1835 (see page 30 et seq.,
volume XVIII).
Note 5, page 43.
A Letter. — A Despatch.
The letter and despatch will be found on pages 679 and 605, volume XVIII.
Note 6, pages 44 and 631.
A Resolution stating certain reasons.
The reasons for deferring the adoption of the statute, 6-7 Wm. IV, c. cxiv,
were:
" 1. Because as there are at present no Commission Courts of Oyer and
Terminer, or Gaol Delivery, held in the Colony, the Criminal Sessions of the
Supreme Court, for the trial of felonies and other offences committed in any
part of the Territory, are held in the Town of Sydney.
792 COMMENTARY.
" 2. Because the operation of the said Statute would considerably pro-
tract the Sittings of the said Criminal Sessions, and thereby cause unrea-
sonable inconvenience to witnesses, and an additional burden to the public
for the payment of their expenses; inasmuch as witnesses in criminal cases,
that come from remote parts of the Colony, are frequently required to travel
distances of two and three hundred miles to Sydney, which is even now felt
as a great hardship, although such cases are generally brought to trial as soon
as the witnesses arrive in Sydney; but the practical operation of the afore-
said Act would render the time, at which any particular cases could be tried,
wholly uncertain (the average number of cases usually tried being irom
fifty to one hundred) ; and, in consequence of this uncertainty, witnesses
would necessarily be detained a much longer time from their homes; and it is
apprehended that so great a loss of time from their private pursuits would
be calculated to deter many from giving any information that might subject
them to so much inconvenience; and thus crime might go unpunished."
Note 7, page 46.
Sir Francis Forbes.
The knighthood conferred on Francis Forbes was the second conferred for
•services in the colony on the recommendation of a governor. The first was
conferred on John Wylde for services as deputy judge-advocate on the re-
commendation of Governor Macquarie, contained in a despatch dated
5th April, 1817 (see page 380, volume IX). The recommendation in favour
of F. Forbes was made by Sir Richard Bourke in a despatch dated 12th April,
1836 (see page 378, volume XVIII).
Note 8, page 47.
The Instructions. — A service.
The instructions will be found in a volume in series V. A copy of them
was printed in the issue of the Government Gazette, dated 21st January,
1837. A note on the " service " of T. L. Mitchell will be found numbered 79
in volume XVIII.
Note 9, pages 48 and 396.
The Report of the Committee.
On the 9th of February, 1836, the following resolution was moved in the
house of commons: — "That a Select Committee be appointed to consider
what Measures ought to be adopted with regard to the Native Inhabitants
of Countries, where British Settlements are made, and to the Neighbouring
Tribes, in order to secure to them the due observance of Justice and the
protection of their Rights, to promote the spread of Civilization among them,
and to lead them to the peaceful and voluntary reception of the Christiar
Religion."
Note 10, page 48.
Your Commission.
The commission of Governor Bourke, dated 25th June, 1831, will be found
on page 837 et seq., volume XVI. By this commission, his jurisdiction was
limited to that part of Australia lying to the east of the one hundred and
twenty-ninth meridian of east longitude, which forms the eastern boundary
of the modern state of West Australia. By the statute 4-5 Wm. IV, c. xcv,
passed on the 15th of August, 1834, the province of South Australia was
established, bounded on the north by the twenty-sixth parallel of south
COMMENTARY. 793
latitude, on the south by the sea, on the east and on the west by the one
hundred and forty-firsl and the one hundred and thirty-second meridians
of east longitude respectively. The territory included in this province was
excluded from the jurisdiction of Governor Bourke.
Note 11, page 53.
The sum appropriatt <i.
The sum appropriated consisted of the following items: — £9,114 19s. lOd.
to supply deficiencies in the year 1836; £48,913 18s. 3d. for the supplementary
expenditure of 1837; £3(5,579 12s. Id. for the civil establishment for 1838;
£65,158 Is. 3d. for the departments of Burvey and public works for 1838;
£22,174 L6s. vl.for the judicial establishments for 1838; £52,344 Ms. 4d. for
the police and gaol establishments for L838; C18,820 for the church estab-
lishments for lv".s; £9,916 .">s. 6d. for the school establishments for 1838;
E828 5s. for pensions for lv-">s; and £52,226 5s. for miscellaneous services
for 1838.
Note 12, pages 50 and 57.
The Govt. Proclamation. — The Colonial Proclamation.
The details of the proclamation dated 28th October, 1835, will be found in
note 116, volume XVIII.
By the proclamation dated 28th March, lv-'<i, "the period allowed to
Settlers for notifying their intention to bring out Emigrants under the
Government Notice of the 2Sth October, 1835," was extended to the 30th of
June, 1836.
Note 13, page 56.
Her Majesty's Government have authorised.
The authorisation was contained in a letter from Sir George Grey, dated
29th March, 1837 (see pages 721 and 722, volume XVIII).
Note 14, page 57.
Also pages 73, 125, 160, 484, 512 and 708.
A copy.
Copies of these papers are not preserved with the originals of the des-
patches at government house, Sydney.
Note 15, page 60.
.4 copy. — The British lav-.
In his finance minute, Sir Richard Bourke stated: — "For some time past
it has been the practice, though rather an anomalous proceeding, to carry on
the Crown Prosecutions at Quarter Sessions by the Clerk of the Peace. This
arrangement cannot be longer continued without prejudice to the efficient
administration of the Law, and it is therefore proposed to appoint a Crown
Prosecutor for Quarter Sessions."
The British law was the statute 6-7 Win. IV, c. xiv (see page 526,
volume XVIII).
Note 16, page 63.
The New Gaol.
This was the gaol at Darling-hurst. The buildings now form a part of the
East Sydney technical college.
794 COMMENTARY.
Note 17, page 68.
A new edition of the Journal.
This was the second edition of a Journey of Discovery to Port Phillip,
New South Wales, in 1821, and 1825 by W. H. Hovell and H. Hume, published
by James Tegg at Sydney in 1837. It was an octavo volume, containing
pages viii, a dedication to Sir Thomas Brisbane and Sir Richard Bourke by
William Bland, dated 17th June, 1837; a preface; ninety-three pages con-
taining an account of the journey; five pages of appendix containing a
description of Western port; and a map of the eastern part of the continent
of Australia engraved by R. Clint.
The first edition was published in January, 1831, entitled, Journey of Dis-
covery to Port Phillip, New South Wales, by Messrs. W. H. Hovell and
Hamilton Hume in 1821, and 1825, and was printed by A. Hill, George-street,.
Sydney. It was an octavo volume, containing the title, a " Dedication to
Sir Thomas Brisbane, Bart., K.C.B.," by W. Bland; a preface of eight
pages; the journal of eighty-seven pages, and an appendix of six pages,
containing extracts from a letter to H. Dumaresq by W. H. Hovell and
H. Hume written in 1826; and a "Description of Western Port, 1827," by
W. H. Hovell.
Note 18, page 69.
A decision.
The decision was contained in a despatch dated 24th July, 1830 (see
pages 601 and 602, volume XV).
Note 19, page 71.
An Act.
This was the statute, 9 Geo. IV, c. lxxxiii, entitled, " An Act to provide for
the Administration of Justice in New South Wales and Van Diemen's Land,,
and for the more effectual government thereof, and for other purposes relating
thereto."
Note 20, page 71.
Also pages 226, 333, 461, 504 and 679.
The Select Committee.
On the 7th of April, 1837, the following resolution was moved in the
house of commons: — " That a Select Committee be appointed to inquire into*
the System of Transportation, its Efficiency as a Punishment, its Influence
on the Moral State of Society in the Penal Colonies, and how far it is sus-
ceptible of Improvement."
Note 21, page 73.
The alterations.
On the demise of H.M. King William IV, H.M. Queen Victoria was unable^
to inherit the German dominions under the Salic law. It was necessary,
therefore, to alter the royal arms by the omission of the Hanoverian royal
crown, which had been included by an order-in-council, dated 6th June, 1816
(see page 160, volume IX).
Note 22, page 74.
The three Ministers.
These were the reverends John Cleland, Kirkpatrick Dickson Smythe and'
John Garven at Portland head, Bathurst and Maitland respectively.
COMMENT AMY. 795
Note 23, page 76.
B< <■< nt instructions.
The " discretionary power " was contained in a letter from Sir George Grey
to (i. Mercer, dated 30th March, L836, and in a despatch from Lord Glenelg
to sir Richard Bourke, dated 15th February, 1837 (see pages 386 and 680,
volume XVIII).
Note 24, page 77.
The accompanying statt mi nt.
A copy of this statement is not available. This paragraph was inter-
polated after the despatch was drafted.
Note 25, page 79.
I < r/i />, culiar circumstances.
These " circumstances " were summarised in the encdosure to the despatch
in reply (se< page 421).
Note 26, page 80.
The Government notice.
The principal sections of this notice will be found in note 116, volume
XVIII.
Note 27, pages 82, 142 and 552.
Lunatic Asylum.
This asylum was erected at Tarban creek and now forms a part of the
hospital for insane at Gladesville.
Note 28, page 83.
Indian Labourers.
The committee of the legislative council recommended the introduction of
Indian hill coolies " only as an immediate and temporary relief to the dis-
tresses of the settlers " from the want of labour, and, as it was not probable
that more than three to five hundred Indians would be introduced, the
committee concurred " in the expediency of granting a bounty of six pounds
sterling (which is considered equal to about half the cost of importation)
for every male Dhangar or hill laborer of Bengal, wdio may be embarked
on or before the 31st day of December, 1838, providing his age, as nearly as
can be ascertained, be not under eighteen nor above thirty, and that he be
embarked under such Government Regulations as may hereafter be framed,,
not only for his comfort and health during the voyage and the fulfilment of
the conditions under which he is engaged after his arrival here, but also for
his food and treatment while in health, and maintenance and support during
sickness ; and providing also that security be given by the masters for lodging
half-yearly in the Savings Bank ten shillings sterling for each male Dhangarr
employed by them, to form a fund to cover the expense of their conveyance
back to their native country at the expiration of six years from their arrival
in this Colony."
Note 29, page 85.
A former Despatch.
The proposal to withdraw the British resident was made by Governor
Bourke in two despatches dated 23rd September and 6th December, 1834
(see pages 545 and 597, volume XVII).
796 COMMENTARY.
Note 30, page 91.
Despatches named in the margin.
These despatches were dated 27th July, 1837 {see page 50), and
12th August, 1837 {see page 67).
Note 31, pages 92, 93 and 114.
Despatch.
These despatches or letters were written by Sir George Gipps in England,
but were entered in the letter book which is preserved at government house,
Sydney.
Note 32, pages 92, 108 and 113.
Despatch. — Received in London.
These despatches were brought to Sydney by Sir George Gipps, and filed
with the despatches at government house, Sydney.
Note 33, page 93.
Royal Exchange Co.
The Eoyal exchange company was formed with A. B. Spark as chairman
and David Chambers as solicitor. Prior to the passing of the act, a com-
mittee of the legislative council reported: "that upwards of one hundred
persons have formed themselves into a Joint Stock Company, for the purpose
of erecting a Building to be called the Eoyal Exchange, and for trans-
acting all business connected therewith; that the subscribed Capital of the
said Company is Twenty Thousand Pounds, with power reserved by the
Deed of Settlement to increase it if required; the number of Shares is one
thousand, of twenty pounds each, which have all been appropriated; the
sum of two pounds on each Share is appointed to be paid by the members
of the Company, on executing the Deed of Settlement, of which upwards
of thirteen hundred pounds have been already paid."
Note 34, page 93.
The Despatch.
The despatch was dated 29th December, 1836 {see page 625 et seq., volume
XVIII).
Note 35, pages 94 and 96.
The opinions . . . by Colonel Breton. — The evidence of
Mr. James Macarthur.
Henry Breton was lieut.-colonel of the 4th regiment, and served in the
colony about four years prior to March, 1836. In commenting on the em-
ployment of soldiers as guards over gangs of convicts, he stated that the
system was " a most ruinous one to the regiment ; it disorganises the regi-
ment, the officers become disgusted, and the men become reckless." In reply
to questions, he stated that three years' service in New South Wales had a
worse effect than ten years' service in the West Indies due to the demoralisa-
tion of the men through association with the convicts.
James Macarthur, in his four examinations before the committee, frequently
referred to the difficulty of providing adequate superintendence for the con-
victs. On the regulation of the road gangs, he stated, " there does not exist
in the colony the means of obtaining that kind of superintendence, which
would be necessary to put it under an efficient system."
COMMENTARY. 797
Note 36, page 94.
Fore, <l labor is a subject by no means hew to me.
In November, 1824, George Q-ipps, then :i captain in the royal engineers,.
■\\;i^ sent to the Wes1 [ndies where he remained until his return to England
in December, 1829. During his sojourn in the West Indies, he had consider-
able experience of the forced labour of slaves and wrote important reports
on the aecessity for their emancipation.
Note 37, page 247.
Also pages 96, 337, 555 and 589.
A Post on the Northern Coast.
Two previous attempts at settlement had been made on the coast of the
present Northern territory of the Commonwealth of Australia, one at Melville
island and the other at Raffles bay. The former was abandoned in the month
of January, 1829, and the latter in the month of August following (see
volumes A' and V 1 , scries ITT). The site selected for the third attempt was
at Port Essington on the Cobourg peninsula. The settlement was founded
on the 12th of December, 1839, as a dependency of New South Wales, and
was known as the town of Victoria (see volumes in series III).
Note 38, page 99.
Tin decisions on his claim.
The decisions were contained in despatches, dated 12th February, 1828
(see page 779. volume XIII), 18th December, 1828, and 20th March, 1829
(set pages 527, .328 and 683 et seq., volume XTY) and 24th July, 1830 (see
pages 601 and 602, volume XV).
Note 39, page 106.
Her Family.
E. Robison married Sibella, the eldest daughter of John Stephen, who was
the first puisne judge of the supreme court.
Note 40, page 109.
The Bool:
This was a small quarto volume, printed at London in 1837, entitled, Rules
and Regulations for the information and guidance of the Principal Officers
and others in His Majesty's Colonial Possessions.
Note 41, page 117.
Colonial Surgeon James Mitchell.
James Mitchell was appointed an assistant surgeon at the general hospital
at Sydney in the year 1824, and in the following year he became senior
surgeon. He held this post until his dismissal in 1837. He was the father
of David Scott Mitchell, the donor of the Mitchell collection to the public
library of New South Wales.
Note 42, page 126.
Your Despatch No. 138.
This despatch numbered 138 was written by Sir Eichard Bourke and not
by Sir George Gipps (see page 623 et seq., volume XVIII).
798 COMMENTARY.
Note 43, page 128.
A Volume which has been published by Tier Majesty's Government.
This volume contained extracts from the reports, which were printed in the
parliamentary papers.
Note 44, page 129.
The subject.
Lord Glenelg in his reply stated that the subject was " certain differences
which had arisen between him (i.e., G. M. C. Bowen) and the Ecclesiastical
Authorities in New South Wales."
Note 45, page 130.
The duties which have been lately transferred.
Sir Richard Bourke reported the abolition of the office of collector of
internal revenue and the transfer of the duties to the colonial treasurer in
his despatch dated 4th January, 1837 (see page 641 et seq., volume XVIII).
Note 46, pages 133, 134 and 139.
A communication. — I memorialised Parliament.
The letter dated 16th September, 1835, and the memorial to parliament
will be found on pages 103 and 101, volume XVIII.
Note 47, page 141.
Her Majesty the Queen was proclaimed.
The accession of H.M. Queen Victoria was proclaimed on the 27th of
October, 1837. The following account was printed in the Sydney Gazette: —
" At sunrise, the Royal Standard at Government House was hoisted half-
staff high, and at eleven o'clock the troops in full mourning were stationed
in front of it. At twelve o'clock, the scene was exceedingly interesting; but
the recent news in confirmation of the demise of his late Majesty caused a
gloomy silence to prevail until the sheriff read the proclamation, when the
spectators acknowledged their fealty to our Gracious Queen by hearty cheers ;
after which a salute was fired by the troops, the Royal Standard hoisted to
the staff -head, and the band played God save the Queen. A royal salute was
fired from Dawes' Battery and a feu-de-joie by the troops. Soon after twelve,
the procession proceeded up Bridge and George-streets to the front of the
Police Office, where the sheriff again read the proclamation and the pro-
cession ended. The vessels in the harbour hoisted their numerous flags, and,
as seen from the front of Government House, had a most beautiful appear-
ance. The order of the procession, which was badly arranged perhaps owing
to the shortness of the notice, was as follows: — A detachment of the Mounted
Police, followed by the band and a detachment of the 50th regiment. Then
followed the Members of the Bar, the Members of the Executive Council,
the Officers of the Commissariat, the Judges, the Members of the Legislative
Council, the Clergy, Magistrates and Civil Officers. Next a train of car-
riages, the principal and respectable in deep mourning, followed by a detach-
ment of the Military."
Note 48, pages 143 and 147.
Regulations. — Rules.
These regulations will be found on page 454 et seq., volume XI, and on
pages 462 and 4C3, volume XII.
COMMENTARY. 799
Note 49, pages 14<; and 500.
Some correspond nee.
The circumstances of the immigration of .1. Raymond to the colony were
detailed by under secretary Eay in despatches, dated L4th September, 1825,
and 11th July, 1827 (se< page 59, volume XII, and page 441, volume XIIT).
Tt will be noted that in both those despatches Raymond is called John vice
James.
Note 50, page 1 19.
Bills . . . for regulating the temporal affairs of the Churches.
These bills were:
8 Win. IV, No. 5, entitled, "An Act to regulate the temporal affairs of
Churches and Chapels of the United Church of England and Ireland in
New South Wales," passed on the 6th of September, 1837.
8 Wm. IV, No. 7. entitled, "An Act to regulate the temporal affairs of
Presbyterian Churches and Chapels connected with the Church of Scotland
in the Colony of New South Wales," passed on the 9th of September, 1837.
Note 51, page 152.
The power . . . of trying capital offences on the Island.
This power was granted by the act of council, 5 Wm. IV, No. 23, passed on
the 10th of June, 1835, and entitled, " An Act to establish a Court of Criminal
Jurisdiction in Norfolk Island."
Note 52, page 155.
The Tun n<l.
This tunnel extended from Hyde park to the Lachlan swamp and was up-
wards of two and quarter miles in length. It averaged four feet in width,
and five feet in height. For about four-fifths of its length, it was excavated
through solid rock. The remainder was formed through sand, and was
lined with chiselled masonry without cement. It was known as " Busby's
Bore."
Note 53, page 158.
Two Printed Notices.
These notices will be found in the emigration papers which were printed
in the parliamentary papers of the house of commons.
Note 54, pages 181 and 432.
William Buckley.
William Buckley was born at Macclesfield in Cheshire. He served for a
short period in the Cheshire militia, but wras removed, on account of his
splendid figure, to the 4th or King's Own regiment. He was convicted of
participation in a conspiracy at Gibraltar, and sentenced to transportation.
He was transported to Port Phillip, Victoria, with the expedition under lieut.-
govemor Collins, which was sent to form a settlement in that locality in
1803. After the arrival of the expedition at Port Phillip, Buckley was
employed as a servant to the lieut.-governor. In the month of November,
1803, he, with two others, deserted from the camp; and, after Collins removed
from Port Phillip, Buckley lived with the natives for nearly thirty-two years.
He was discovered on the 12th of July, 1835, by some men wdio were left
at Indented head, Port Phillip, by John Batman after the conclusion of his
treatv with the natives.
800 COMMENTARY.
Note 5o, page 187.
Also page 461.
A notice.
This notice was as follows: —
" Sydney, 18th November, 1837.
" His Excellency the Governor is desirous of drawing the attention of the
Colonists to the Government Notice of the 25th September, 1837, offering
bounties on the introduction of Agricultural Laborers and Mechanics, and
of Domestic Servants, in consequence of an intimation, received from the
Eight Honorable the Secretary of State for the Colonies, that it is the
intention of His Majesty's Government to discontinue at the earliest possible
period the assignment of Convicts to private service; and His Excellency is
instructed to point out to the Settlers generally the expediency of their
looking for the future to Immigration, rather than to assignment, as the
source from which they may obtain their requisite labor for the cultivation
of their lands and for other purposes."
Note 56, page 195.
Which is necessary.
By section one of the act of council, 9 Geo. IV, No. 6, the governor or
acting governor of the colony was empowered to grant letters of denization
under the seal of the colony to the subjects of foreign powers, who might
" arrive in the said Colony with a recommendation to that effect from His
Majesty's Principal Secretary of State for the Colonies."
Note 57, page 195.
In the margin.
The margin is blank in the copy available. The appointment of Henry
Fisher was approved by the right hon. T. Spring Eice in a despatch dated
2nd August, 1834 (see page 493, volume XVII).
Note 58, page 196.
Also pages 577 and 712.
A circular despatch.
When the secretary of state received an application from a resident in
the colony transmitted direct to the colonial office, the application was not
considered but its receipt was notified to the governor. This notification
was made in a stereotyped letter, the name of the applicant and the date
and nature of the application being written in ink. In the despatch on
page 196, the words in italics were those written in ink.
Note 59, page 196.
Isaac Scott Hind.
This is an error in the original. The applicant's name was Nind.
Note 60, page 227.
That dated 5th December, 1837.
This letter or despatch will be found on page 196 (see also note 58).
Note 61, page 230.
Acting Governor Snodgrass.
Kenneth Snodgrass joined the army as lieutenant on the 9th of August,
1804, and four days later he was gazetted to the 52nd regiment. On the
20th of October, 1808, he obtained the rank of captain in the same regiment,
COMMENTARY. 801
ami, on the 21st of September, 1813, that of major in the army. He saw
service in the Peninsula, for which he was created a companion of the bath
ami gained the cross ami five medals for participating in major actions. On
tlif 25th of October, L814, ho was attached to the Portuguese army. During
his career on the Peninsula, ho was severely wounded in the head. In conse-
quence, the army medical board passed him as unfit for service in the East
or West Indies, and ho w;is placed on half pay on the 25th of December,
1816. On the -1st of June, 1817, ho attained the rank of lieut. -colonel in
the army. No remained on the half pay list, and in 1828, accepted the
appointment of major of brigade on the staff of Governor Darling and be-
came senior military officer in the colony.
Note 62, page 230.
Thret nominal 'Returns.
Those returns detailed the names of the immigrants and of their employers,
the nature of their employment and the rate of wages.
Note 63, page 236.
Sir Richard Bourke's intention.
The details of Sir Richard Bourke's return to England will be found on
page ix, volume XVI.
Note 64, page 247.
Sir James Gordon Bremer.
James John Gordon Bremer was born in the year 1786. At the early age
of eight years, he was entered as a first-class volunteer on board the Sandwich,
guardship at the Nore. In October, 1797, he joined the royal naval college
at Portsmouth. In the year 1S02, he was appointed midshipman on the
Endi/mion. On the 3rd of August, 1805, he was made lieutenant, on the
13th of October, 1807, commander, and on the 7th of June, 1814, captain.
During these years, he served in different parts of the world; and, on the
4th of June, 1815, he was created a companion of the bath in recognition of
his services. In the year 1816, he was wrecked off Newfoundland in the
frigate Com us. In the year 1824, he was sent in command of H.M. ship
Tamar to form the settlement on Melville island off the north coast of Aus-
tralia {see page 769 et seq., volume V, series III). After leaving Melville
island, he went to India and saw active service in the Burmese war. On the
25th of January, 1836, he was created a knight-commander of the Hano-
verian order. After founding the settlement at Port Essington, he again
went to India, where he was twice acting in command of the naval station.
In the years 1840 and 1841, he had the naval command of the expedition to
China, and for his services he received the thanks of parliament and was
created a. knight-commander of the bath on the 29th of July, 1841. In April,
1846, he was appointed second in command of the Channel squadron, and in
the following November commodore superintendent of Woolwich dockyard.
He obtained his flag on the 15th of September, 1849, but died shortly after-
wards on the 14th of February, 1850.
Note 65, page 247.
It is within the limits of your Government.
The site of the proposed settlement was in Port Essington on the Cobourg
peninsula, which forms a part of the present Northern territory of the
Commonwealth of Australia. By his commission (see page 295 et seq.),
Sir George Gipps was given jurisdiction over all that part of the continent
of Australia, lying to the east of the one hundred and twenty-ninth meridian
Ser. I. Vol. XIX— 3 E
802 COMMENTARY.
of east longitude, with the exception of the province of South Australia,
which lay between the one hundred and thirty-second and one hundred and
forty-first meridians and south of the twenty-sixth parallel of south latitude.
The one hundred and twenty-ninth meridian now forms the eastern boundary
of the present state of West Australia, and the whole of the present Northern
territory was thus within the jurisdiction of Sir George Gipps.
Note 66, page 253.
The Aboriginal Establishment at Flinders Island.
Owing to the frequent depredations committed by the aborigines in Tas-
mania, lieut. -governor Arthur decided to capture them and segregate them on
some island off Tasmania. By the end of the year 1830, fifty-six aborigines
were taken and placed on Swan island in Bass strait, but were removed soon
after to Gun Carriage or Vansittart island. This island was found unsuit-
able, and, in 1831, the aborigines were finally transferred to Flinders island.
They were placed in the care of a commandant and surgeon, and their num-
bers were increased by the addition of many brought in from the bush by
G. A. Robinson; but, on the island, an increased mortality and decreased birth
rate prevented the success of the attempt at their civilisation and the pre-
servation of the race. In 1835, after he had succeeded in bringing in the
last party of aborigines from the bush on the mainland, G. A. Robinson was
appointed to the charge of the settlement at Flinders island.
Note 67, page 253.
A Despatch.
A copy of this despatch will be found in a volume in series III.
Note 68, page 256.
Letters Patent issued on the 13 October, 1833.
This is an error in the original. The letters patent were dated 13th Octo-
ber, 1823 {see page 509 el seq., volume I, series IV).
Note 69, page 274.
Also page 443.
Certain proceedings of the Bev. Dr. Lang.
The Reverend John Dunmore Lang returned from England on the 3rd of
December, 1837, with eight Presbyterian ministers and four probationers. On
his arrival, the presbytery held that, under the terms of the " declaratory act
of the Church of Scotland," only ministers in charge of congregations could
be admitted as members of presbyteries and thereby become entitled to the
benefits of the " general church act/' Thereupon Lang and nine other clergy
decided to form themselves into a separate body apart from the recognised
presbytery. This body was formed on the 11th of December, 1837, and was
called the Synod of New South Wales, with Lang as moderator. This synod
was divided into three presbyteries, Sydney, Windsor and the Hunter river;
and three clergy were stationed at Sydney, one at Muswellbrook, one at
Maitland, one at Windsor and Richmond, one at Campbelltown and Liverpool,
one at Parramatta, and one at Brisbane water.
Note 70, page 280.
A letter.
This letter was dated 4th October, 1824 (see page 380, volume XI).
COMMENTARY. 803
Note 71, pages 287 and (598.
The publication of a Narrative.
This volume was entitled, A Voyage to Tones si rait in search of the sur-
vivors of the ship "Charles Eaton," which was wrecked upon the Barrier
Beefs in the month of August, 1884, in His Majesty's Colonial Schooner
■■Isabella," ('. M. Lewis, Commander; arranged from the journal and Log
Bool: of th< Commander, by authority of His Excellency Major General Sir
Iiicliard Bourke. K.C.B., Governor of Nan- South Wales, etc., by P. P. King.
The volume contained wii and eighty-nine pages octavo.
Note 72, page 290.
A Land Mail.
This mail was carried by coach from Sydney to Vass, and thence on horse-
back to Melbourne. The stages and distances were as follows: — From Sydney
to Yass, 190 miles; from Vass to the Murrumbidgee river, 65 miles; to the
Murray river, 119 miles; to the Ovens river, 46 miles; to the Broken river,
28 miles; to the Goulbum river, 56 miles; and to Melbourne, 72 miles; a
total of 576 miles. John Richards of Berrima was the contractor. The time
Occupied in the journey with the mails between Sydney and Melbourne was
seventeen days; the journey between Yass and Melbourne taking fourteen
•days.
Note 73, page 295.
The Commission of Sir George Gipps.
A comparison of the commission of Sir George Gipps with that of Governor
Bourke (see page 837 et seq., volume XVI) will show that the powers of
sir George Gipps under his commission were not so wide as those of Governor
Bourke. Powers to levy armed forces, to proclaim martial law, and to
exercise sovereign naval powers were not granted to Sir George Gipps, and
the provision for the triad of officers and seamen of the navy was omitted
from his commission. His jurisdiction was reduced by the exclusion of the
j3iovince of South Australia, and a necessary reference to the continuation
act of the statute, 9 Geo. IV, c. lxxxiii, was made in his commission.
Note 74, page 315.
A letter.
A copy of this letter is not available.
Note 75, page 340.
The first Table of Precedence. — A letter.
The table of precedence and the letter will be found on pages 287 and 288,
volume XV.
Note 76, pages 363 and 364.
The sixth Clause.
This clause will be found on pages 510 and 511, volume I, series IV.
Note 77, page 365.
Two printed documents.
These documents were published by Alexander Macleay in a pamphlet,
entitled, Correspondence with His Excellency Sir Eichard Bourlce, K.C.B., and
■other Documents relative to the removed of Alexander McLeay, Esq., from
the office of Colonial Secretary of New South. Wales. The pamphlet con-
tained iv and forty pages octavo and twenty-five pages of appendices, and
was printed at Sydney in 1838.
804 COMMENTARY.
Note 78, page 390.
The ship " Neva" . . . was unfortunately lost.
The details of the loss of the ship Neva will be found on page 135 et seq.,
volume XVIII.
Note 79, page 392.
A very fair report.
This report was as follows: —
" This case was debated before His Honor Chief Justice Dowling, and a
Special Jury. The action was for damages at the instance of Dr. Mitchell,
late Colonial Surgeon, against Dr. Thompson, Deputy Inspector-General of
Hospitals, for a letter and other documents, containing a libel against the
official character of the plaintiff, subscribed by the defendant, and inserted
in The Colonist of the 5th of October last. This letter was elicited by the
appearance, in a former number of The Colonist, of an article reflecting on
the manner in which Dr. Mitchell had been treated by Government, and on
the state of management, which the Hospitals were under since the accession
of Dr. Thompson to the situation of Inspector-General. In order to correct
certain impressions unfavourable to him, which that article seemed calculated
to produce, Dr. Thompson addressed a letter to the Editor of The Colonist,
with certain extracts from General Orders and other official correspondence
bearing upon the case of Dr. Mitchell, and containing the libel for which
the present action was now instituted. The said letter and extracts accused
the plaintiff of bringing unfounded charges against his superior officer, and
of gross acts of insubordination ; and it was therefore argued for the plaintiff
that, unless the defendant was prepared to justify and prove the truth of
these charges, he must submit to the damages which the Jury would award.
" 1st. The defendant denied that the publication of the letter in question
was authorized by him, and that he was not consequently responsible for it.
2ndly. He argued that the article in question proceeding, as it was presumed
at the time, either from Dr. Mitchell or some partisan of his, afforded strong
ground and occasion for Dr. Thompson's addressing the said, communication
to the Editor of The Colonist; and it was simply with the view of vindi-
cating his own character from the insinuations thrown out against it in the
article, he submitted he had good and excusable reasons for the communica-
tion in question. And, 3rdly, Even supposing it to have been both an autho-
rized and libellous publication, he denied that there was any proof of its
being malicious; and, therefore, claimed the privilege due in a case where a
man has his character publicly attacked, and has a right to vindicate it in a
similar manner. Messrs. Therry and a'Beckett spoke at considerable length
for the Defendant. Mr. Foster, for the Plaintiff, made an able reply. His
Honor Chief Justice Dowling, in charging the Jury, reminded them that the
Defendant merely denied responsibility for the publication of the letter
signed by him, and on which this action was founded, on the ground of not
having given express authority for its insertion in The Colonist. He did not
plead justification, but defended the case simply on the general issue of not
guilty. After having requested the Jury to lay aside any pre-conceived
notions they might have formed concerning this case, His Honor informed
them that the first point for their determination was, whether the defendant
had published or was responsible for the publication of the letter in question?
In regard to this point, he felt bound to state that in point of law the
delivery or transmission of the said communication to Mr. Spilsbury, of The
Colonist, and Mr. Cavenagh of The Gazette, must be held as bona fide
authority to publish. It is on that presumption that all such communications
are received ; and in this case it might naturally be asked, for what purpose-
COMMENTARY. 805
was the letter in question sent, if it was not with a view to publication.
As, therefore, the defendant imposed no restraint on the Editors, but left
them to use their own discretion, His Honor hold that, in point of law, he
must be regarded as responsible for the publication of the said letter, in so
far as it affected the character of the plaintiff. The second point, His Honor
said, which the Jury had to determine, was, whether the letter in question, as
bearing upon the character of the plaintiff as a public officer, was of a
libellous nature or not.' Here, he also felt bound to tell them that what was
alleged in the said communication against the conduct and reputation of the
plaintiff, in which he held the high and respectable office of Colonial Surgeon,
Buch as, tor instance, that he had wilfully disobeyed the orders of the head
of his department, and that His Excellency the late Governor had expressed
his disapprobation of his conduct; this, and the rest of the allegations con-
tained in the letter in question, he considered as very injurious to the feelings
and character of the plaintiff, and, unless justified, must certainly be re-
garded as libellous in a high degree. The third and last question as regarded
the verdict to be given was, whether the publication could be regarded as
privileged or not.' On this point His Honor informed the Jury that he did
not consider that the publication could claim the privilege pleaded in its
IkIi lit'. Had the plaintiff been the author of the article which called forth
the defendant's retaliation, then perhaps some plea of justification, or at least
of mitigation, might have been entertained. But in the present case no
such provocation had been given by the plaintiff, and the defendant must
therefore be held responsible for a wanton libel on the character of the
former. The defendant could show no legitimate purpose or justifying cause
for thus aspersing the plaintiff ] and, as in all such cases malice prima facie
must be inferred, His Honor held that the plaintiff was certainly entitled
to a verdict at the hands of the Jury. He therefore left the Jury to deter-
mine what decision they would give, and to fix the amount of damages they
considered awardable in the case before them.
" The Jury then retired for above half an hour, and, on their reappearance,
they returned a verdict for the plaintiff, with damages to the amount of one
hundred pounds."
Xote 80, page 393.
A copy.
The letter bore the heading " The Hospital,"' and was as follows: —
" To the Editor of the Colonist,
" Sir, " 3 October, 1837.
" Having seen a paragraph in last week's Colonist, in which my
name is mixed up in no very courteous manner, arising, no doubt, from a
total ignorance of the real facts of the case, and of the characters of the
persons implicated, I beg to submit to your notice the fob owing extracts
from public documents, by which you will perceive the propriety of exercising
more caution in future, if you wish to maintain the character of your paper
as an advocate for truth and justice.
" I am, Sir,
" Your obedient humble servant,
" J. V. Thompson, Deputy Inspector-General.
" Memorandum addressed to Alexander M'Leay, Esq., Colonial Secretary,
by His Excellency the Governor, March 26, 1836.
" Inform Dr. Bowman that His Majesty's Government, having resolved to
establish and maintain a superior Medical Staff, for the purpose of super-
vising and controlling the Medical Establishments connected with the Military
and Convict branches of the public service in this colony, J. V. Thompson,
806 COMMENTARY.
Esq., Deputy Inspector-General of Hospitals, has been appointed to the
superintendence of the Colonial and Military Hospitals in New South Wales.
" Direct Dr. Bowman to acquaint the several Colonial Medical Officers of
the appointment and arrival of Deputy Inspector-General Thompson, desiring
them to pay attention to all such instructions, as he shall think proper to
give to any of them, etc., etc.
" Instruct the Post Master-General that, from and after the last day of the
present month, the office of Inspector of Colonial Hospitals is to be con-
sidered as having ceased. "(Signed) R.B.
"(Certified a true copy): — Ale.x. M'Leay.
"(a true extract) : — J. V. Thompson, Deputy Inspector-General.
" N.B. — The appointment will be further found notified in The Government
Gazette of 30th March, 1836."
" Extract from General Orders, Sydney, May 10, 1837.
" No. 124. — 2. Adverting to those charges brought by Colonial Surgeon
Mitchell against his superior officer, for many of which there appears no
adequate foundation, His Excellency thinks it sufficient on this occasion to
express his displeasure at so insubordinate and improper a proceeding, and
to inform Surgeon Mitchell that, if any well-founded complaint of his con-
duct towards the Deputy-Inspector General of Hospitals shall be again
brought by that officer before His Excellency, it will be visited by a measure
of much greater severity.
"(Signed by Command) K. Snodgrass,
" Lieut.-Colonel, Major Brigade.
"(A true extract) : — John V. Thompson, Deputy Inspector-General."
" Extract of a letter from the Assistant Military Secretary To the Deputy
Inspector-General of Hospitals.
" Sir, " Sydney, 26 September, 1837.
" I am directed by the Lieut.-General Commanding to inform you that,
having taken measures for ascertaining the correctness of the allegations
contained in the charges brought by you against Colonial-Surgeon Mitchell,
His Excellency considers that officer to have wilfully and deliberately dis-
obeyed the order of the Head of his Department in refusing to attend punish-
ments at Hyde Park Barracks, and in omitting to sign the orderly book
when required to do so.
" You will, therefore, inform Mr. Mitchell that His Excellency has directed
his name to be removed from the list of Colonial-Surgeons.
" William Hunter, Assistant Military Secretary.
"(A true extract) : — John V. Thompson, Deputy Inspector General."
Note 81, page 396.
The advice of the Council.
The encounter between the mounted police and the aborigines was due to
the spearing of one of the police, whereupon the police fired and a number of
the natives were killed. The executive council recommended that an inquiry
should be held by the police magistrate and bench of magistrates nearest
to the site of the tragedy. The council did not think that special appoint-
ments of police magistrates were required for the inquiry nor was the assist-
ance of a legal officer necessary; but it held that the inquiry should take
the same form as any inquest on a white man.
At the same meeting, the council approved the appointment of commis-
sioners of crown lands as protectors of the aborigines with instructions to
hold an inquiry into any loss of life caused by encounters between aboriginals
and white men beyond the limits of location. It also approved the issue of a
notice founded on lord Glenelg's despatch, dated 26th July, 1837.
COMMENTARY. SOT
Note 82, page 397.
Also page 511.
A Country.
This is the country, which forms the watersheds of the Gwydir and Mae-
i nt yre rivers.
Note 83, page 398.
Also pages 402 and 510.
Eight men killed.
In February, 1838, George Faithfull decided to remove his stock to the
fine grazing lands discovered in the modern state of Victoria. Accordingly
he set out on the overland route to Port Phillip with a herd of his own cattle
and a mob of his brother's (W. P. Faithfull's) sheep. He followed the over-
land route as far as the Ovens river. Here the convoy was divided, and
Faithfull took the cattle to Oxley's plains and sent the sheep in charge of an
overseer to the Broken river. Shortly after the arrival of the sheep at the
Broken river, the massacre occurred, the stock were scattered through the
country, and property to the value of £200 in the drays w^as stolen by the
aborigines.
Note 84, page 402.
The proposal of Lord Ho wick.
Viscount Howick was averse to auy liberal form of representation of the
colonists in the proposed new council. He considered that the antagonism,
between the " emigrant " and " emancipist " parties was too pronounced, and
that the " emancipist " party, having the greater strength at an election,
would dominate the council. He was in favour of restricted representation
and a restricted franchise.
Note 85, page 402.
The 2nd Clause.
This clause was as follows: —
" And be it further enacted, That neither the Governor or Lieutenant Gov-
ernor of any Island, Colony or Settlement, or any other Person, shall give
any Pardon or Ticket of Leave to any Person sentenced to Transportation,
or who shall receive a Pardon on condition of Transportation, or any Order
or Permission to suspend or remit the Labour of any such Persons, except
in Cases of Illness, until such Person, if transported for Seven Years, shall
have served Four; if transported for Fourteen years, shall have served Six;
or if transported for Life, shall have served Eight Years of Labour; and
that no such Person shall be capable of acquiring or holding any Property,
or of bringing any Action for the Eecovery of any Property, until after such
Person shall have duly obtained a Pardon from the Governor or Lieutenant
Governor of the Colony or Settlement, in which he or she shall have been
confined. Provided that nothing herein contained shall in any Manner affect
His Majesty's Royal Prerogative of Mercy."
Note 86, page 404.
Henry Herring now claims restitution.
The details of this property were reported by Governor Darling in a des-
patch dated 10th October, 1826 (see page 646 et seq., volume XII).
808 COMMENTARY.
Note 87, pages 412 and 413.
H. Gould. — The work.
H. Gould is an error in the original for J. Gould. In the years 1837 and
1838, John Gould published, in four parts imp. octavo at London, A Synopsis
of the Birds of Australia and the adjacent Islands. With Characters of
several new Genera and Descriptions of thirty-six New Species, principally m
the Author's Collection. After his visit to Australia, he published, at London
in 1848, his monumental work The Birds of Australia in seven volumes
imperial folio, which were followed by a supplement published in 1869.
Note 88, page 413.
Port Hessington.
This is an error in the original for Port Essington.
Note 89, page 416.
The gentlemen.
The botanical garden and Australian museum were under the control of a
-committee consisting of: Alexander Macleay, J. N. Thompson, E. Deas
Thomson, E. A. Wauch, P. P. King, Charles Sturt, Sir John Jamison, George
Porter, George Macleay and William Macarthur, with George Bennett as
secretary.
Note 90, page 418.
This Report.
This report is not preserved with the original of this enclosure in the
office of the state governor at Sydney. A report and estimate of the cost of a
suitable vessel will be found on pages 455 and 456.
Note 91, page 433.
The speech. — The original resolution.
On opening the session of the council, the governor read an address which
'contained a summary of the business to be submitted for consideration. This
corresponds to the address now given by governors on the opening of parlia-
ments; but the contents of the address were entirely at the discretion of
Sir George Gipps in the year 1838, whereas the modern governor is merely
the mouthpiece of the ministry in power.
The resolution was " that, during the Proceedings of the Council, strangers
may be admitted under such regulations, as shall be hereafter adopted." At
the same time a committee of five, including the chief justice and attorney-
general, was appointed to draft the regulations. This committee drafted six
regulations and adopted them unanimously; but, in presenting them to
council on the 31st of May, 1838, the committee submitted " the expediency
of reconsidering the Resolution, upon which they are founded, before they
shall be adopted, inasmuch as they apprehend that doubts may be entertained
as to the power of the Council to admit Strangers during the deliberations,
consistently with Law." On the 31st of May, the full council confirmed the
original resolution; and, on the 5th of June, the following regulations were
adopted: —
"(1) That Strangers may be admitted to the Gallery of the Council
Chamber on condition that they shall observe good order, and shall not,
directly or indirectly, express any opinion on the proceedings of the Council.
"(2) That no Stranger shall be admitted to the Gallery, but on producing
to the Doorkeeper an order in writing, signed by a Member of Council, setting
COMMENTARY. 809
forth the name and address of the party seeking' admission, which order
shall not lie transferable.
"(3) That His Excellency the Governor may, under his hand, authorise
the admission to the Gallery of any number of Strangers he shall think
proper.
"(4) That each Member of the Council shall be restricted to the admis-
sion, by such orders, of two Strangers only.
That, upon the motiou of any Member of Council, Strangers shall
withdraw forthwith.
"(6) That, upon all Divisions on any question submitted to the Council,
Strangers shall withdraw as of course."
Note 92, page -±35.
A monopoly of Coal.
The conditions of this monopoly were notified to Coveruor Darling by
Sir George Murray in a despatch, dated 31st July, 1828 {set page 272 et scq.,
volume XIV). They were as follows: — "As the Company will have incurred
r preliminary expense for a public benefit, which expense they ought
to have a lair opportunity of repaying to themselves, His Majesty's Govern-
ment deem it proper to desire tliat, tor the next 31 years, no Governor will
grant or convey any Coal Mines, or land containing any Coal Mine, without
a specific exception of the Coal in such grant or conveyance, nor afford any
assistance in Convict labor for the working of any Coal Mine to any other
Company, or to any individual or individuals, without the previous sanction
of the Government at home; a sanction which would probably be granted,
if the Company should avail themselves of their monopoly to impose an
exorbitant price upon Coal, the produce of their Mines."
Note 93, page 430.
A copy.
A copy of this letter, dated 9th June, 1.838, will be found on page 464.
Note 94, page 440.
Sir George Grey's letter.
A copy of this letter will be found on page 689, volume XVIII.
Note 95, page 457.
I tendered my resignation.
The details of the service and resignation of Isaac Scott Nind as assistant
•surgeon at King George's sound will be found in volume VI, series III.
Note 96, page 480.
My letter.
A copy of this letter will be found on pages 466 and 467.
Note 99, page 481.
Any Colony in which I have ever been.
Sir George Gipps was nearly five years in the West Indies from November,
1824, and he was one of three commissioners who were sent to Canada in the
year 1835.
810 COMMENTARY.
Note 100, pages 504 and 691.
This Petition. — The Resolutions.
The reasons for the protest made in the petition were: "that much of the
evidence given in England is tinged by such a colouring that it presents an
incorrect picture of the actual condition of the Colony; that solitary in-
stances have been too hastily adopted by the witnesses as the bases of general
principles; that effects, having their origin in causes wholly or partially obso-
lete, are spoken of as if those causes were still in full operation; and that
evils, arising from defects of Legislation and practice, which experience and
the wider diffusion of free and educated Immigrants are daily correcting,,
are treated as inseparable from the general system of Transportation and
Assignment."
As the result of this petition, on the 17th of July, 1838, the council
carried twelve resolutions for transmission to parliament. The substance of
these resolutions was that the character of the colony, relating to the social
and moral condition of the colonists, had unjustly suffered by misrepresenta-
tions in portions of the evidence given before the transportation committee;
that the sudden discontinuance of transportation and assignment, by depriving
the colonies of convict labour, would curtail their means of purchasing crown
lands and consequently the supply of funds for purposes of immigration;
and that the continuance of immigration in any extended form would neces-
sarily depend on the continuance of assignment.
Note 101, page 516.
A Notice.
A copy of this notice will be found on page 426, volume XVIII.
Note 102, page 519.
Mr, R. B. Dawson to Colonial, Secretary.
This letter is a copy of the same letter as is printed on page 137. It is
reprinted in extenso as an example of the variations, which are found in
different copies of the same document.
Note 103, page 525.
The Commissioners.
The commissioners for investigating claims to land grants were appointed
under the act of council, 4 Wm. IV, No. 9, the first commissioners being
Sydney Stephen, Eoger Therry and T. L. Mitchell. These commissioners
investigated over seven hundred claims. By the act of council, 5 Wm. IV,
No. 21, the services of the commissioners were retained " for the purpose
only of investigating cases referred to them by the Governor."
Note 104, pages 528 and 530.
Any greater reward. — Your Memorialist Drought oefore the notice.
The reward of " a remission in the purchase of land to the amount of
£100 " was awarded by the executive council (see page 160, volume XVII).
James King submitted his claims to viscount Goderich in a letter dated
10th January, 1832 (see page 764, volume XVI).
Note 105, pages 531 and 532.
Again addressing your Lordship. — A Letter.
The letter from under secretary Hay, dated 2nd October, 1832, with
James King's first application as sub-enclosure No. 1, will be found on;
page 762 et seq., volume XVI.
COMMENTARY. 811
Note l!,<;, page 537.
Thai which teas named by Lord Bipon.
In a despatch, dated 9th January, 1831, viscount Goderich announced the
intention to abolish the system of free land grants, and in future to sell
crown lands by public auction. With his despatch dated 14th February, 1831,
viscount Goderich transmitted instructions for this purpose. The minimum
juice of land was then fixed at five shillings per acre (see pages 19 et seq.
and 80 et seq., and also note 25, volume XVI).
Note 107, page 547.
A Printed Copy of the Minute.
After receiving the circular despatch dated 4th March, 1832 (see note 32,
volume X V 1 1 1 | , which enunciated the principles for the annual appro-
priation of the revenue by the legislative council, Governor Bourke sub-
mitted the first estimates to the council on the 27th of September, 1832. In
doing so, he submitted also :i financial minute explanatory of the ways and
means. This practice was continued by Governor Bourke and his successors,
and was the forerunner of the financial statements of modern treasurers.
Note 108, page 553.
A portion of Land.
The house, in which John Batman first resided at Melbourne, was built
on the hill known as Batman's hill. This hill has nowT been removed. It
occupied the site of the modern railway offices and goods sheds at Spencer-
street. The area claimed by Batman extended to the modern corner of
William and Collins streets, on which corner Batman erected a second
residence.
Note 109, page 554.
The letter.— The Minute.
It is difficult to understand the reference to a letter, dated 27th July,
1837, " the scope and meaning of which was correctly interpreted in the
Minute of the Executive Council " dated 21 October, 1836. The claims of the
Port Phillip association were considered by the council on the latter date
(see page 588 et seq. and note 166, volume XVIII), and the letters from
Sir George Grey to the representative of the Port Phillip association, dated
15th February,* 30th March, and 14th April, 1836 (see pages 382, 386 and
390, volume XYIII), were laid before the council.
Note 110, page 567.
A printed Statement.
This was a pamphlet entitled, Statement of the Case of James Mitchell,
Esq., late Surgeon on the Civil Establishment of New South Wales. It was
printed for private circulation and contained fifty-two pages octavo with one
hundred and seven pages of appendices.
Note 112, page 578.
A Government Notice.
The notice was as follows: —
" Colonial Secretary's Office,
" Sydney, 3rd September, 1838.
" His Excellency the Governor, with the advice of the Executive Council,
directs it to be notified that the continuance of the existing Trade between
this Colony and the Dutch East India Possessions can no longer be permitted,.
.812 COMMENTARY.
it having been recently decided by Her Britannic Majesty's Government
that the Commercial intercourse between the Subjects of the British and
Dutch Governments in the Eastern Archipelago, allowed by the Treaty of
17th March, 1824, does not extend to New Holland.
" In pursuance of this decision, no Dutch Vessel will be admitted to Entry
in the Ports of New South Wales or its Dependencies, which may sail from
any Port of the Dutch East India Possessions, after the receipt of the
present Notice at the Port from which she sailed; or which may arrive in
New South Wales after the first day of January, 1839, whatever may be the
date of her departure from any Port in the Dutch East India Possessions."
Note 113, page 580.
A resolution.
On the 29th of August, 1838, a resolution was carried that, " notwith-
standing the able and satisfactory manner in which Mr. Commissioner Therry
has administered the Duties of his Office," for purposes of economy the duties
of the commissioner should be confined to the county of Cumberland, and
similar powers to those vested in him should be conferred on the several
benches of magistrates in the other counties.
Note 114, page 587.
An account of the proceedings . . . in a Newspaper.
In the issue of the Australian newspaper, dated 31st July, 1838, a lengthy
report of the meeting was published. The meeting was held on Sunday,
29th July, after the close of the service at St. Mary's cathedral. The bishop,
right revd. J. B. Polding, was in the chair and opened the proceedings with
a long pastoral address. Pour resolutions were carried on the motion of the
reverends Lovatt, McEncroe and Murphy in protest against the remarks of
Mr. Justice Willis. In concluding tne meeting, the bishop stated that it
had been " one of the most painful days of his existence."
Note 115, page 588.
Documents.
Copies of these documents will be found in a volume in series VII.
Note 116, pages 593 and 594.
A space. — The Sites.
The area, occupied by the barracks and the barrack square, extended from
George-street on the east to Clarence-street on the west, and from Barrack-
street on the south to a little north of the modern Margaret-street on the
north. Near the north-eastern corner of this area, the treasury building was
erected; and, with this exception, the whole area was devoted to military
purposes.
The site proposed for the new barracks practically is the same as the site
now occupied by the military barracks at Paddington.
Note 117, page 601.
Some white men.
These were the men involved in the massacre of aborigines at Myall creek
(see page 701 et seq.).
Note 118, page 607.
An Act of Appropriation. — Financial Papers.
This was the act of council, 2 Arict., No. 15. The financial papers will be
found in the Votes and Proceedings of the legislative council.
COMMENTARY. 813
Note 119, page 612.
The Resolution.
The resolution was as follows: — "That this Council, impressed with the
value of the Public Services for a period of upwards of ten years of Alex-
ander M'Leav, Esquire, late Colonial Secretary of the Colony, are of opinion
that the Pension of Two hundred and fifty pounds per annum, proposed by
His Majesty's Principal Secretary of State for the Colonies, is totally in-
adequate as a compensation for his loss of Office; and therefore they respect-
fully request that Bis Excellency the Governor will be pleased to communicate
to the Secretary of State the recommendation of this Council that, instead
of the proposed Pension, a Gratuity equal to the amount of two years' Salary
of his late Office be paid to Mr. M'Leav.''
Note 120, page 650.
The fourteen days allowed by the 22nd Sect.
By the twenty-second section of the statute, 9 Geo. IV, c. lxxxiii, it was
provided that every law or ordinance, passed by the council, should be trans-
mitted within seven days to the supreme court to be enrolled and recorded;
and that, at the expiration of fourteen days, such law or ordinance should,
have full force and effect. Within this period of fourteen days, a judge
might submit a remonstrance to the governor that such law or ordinance
was repugnant to the law of England. Such remonstrance was then sub-
mitted to the council. If the governor and council adhered to the law or
ordinance after consideration of the remonstrance, the law and ordinance had
full force and effect, but was forthwith submitted with the judge's remon-
strance for the consideration of the secretary of state.
Note 121, page 652.
Page ■', of the Appt ndix to Mr. James Macarthur's Boole.
In the year 1837, James Macarthur published an octavo volume, entitled,
X, ir Smith Wales, its present state and future prospects, being a Statement
with documentary evidence submitted in .support of Petitions to His Majesty
and Parliament. On page 1 et seq. of the appendix, the petition was printed
a copy of which will be found on page 392 et seq., volume XVIII, and on
page 3 the fourth paragraph of that petition was printed.
Note 122, page 687.
A copy of a work*
This was an octavo volume, first published at London in 1838, entitled,
An Attempt to develop the Loir of Storms by means of farts arranged accord-
ing to place and time, and hence to point out a cause for the variable icinds;
Illustrated by charts and woodcuts; by lieut. -colonel William Reid. A second
edition was published iu 1841, and a third in 1850. The receipt of this book
in the colony might be said to mark the beginning of the study of the prac-
tical application of meteorology for purposes of shipping.
Note 123, page 699.
Both the names.
It is difficult to explain the statements in this paragraph. The " accuser "
of H. F. White was William Nairn Gray, and the signatory to the memorial
is quoted as Charles George Gray. All the correspondence from the police
magistrate enclosed with the despatch dated 13th April, 1838 (see page 366
et seq.), was signed " W. N. Gray." Therefore, the confusion with the name
" Charles George Gray " is inexplicable. In the year 1838. both C. G. Gray
and W. N. Gray were magistrates.
814 COMMENTARY.
Note 124, page 700.
7> ishop Pompallier.
When the French ship La Favorite visited New Zealand in October, 1831,
it was reported that it was intended to send a French Eoman Catholic bishop
on a mission to the Maoris. In 1838, Bishop Pompallier with two priests
arrived and settled at Hokianga. The mission prospered and further priests
and lay-brethren arrived, all being of French descent. The headquarters of
the mission were subsequently removed to Kororeka, and thence, in 1845, to
Auckland.
Note 125, page 702.
Three of the ablest Counsel.
The counsel for the prisoners were William Foster, Richard Windeyer and
William A'Beckett,
Note 126, page 709.
The advice of the Council.
Two French priests were deported from Tahiti, and A. Du Petit Thouars
was sent to demand satisfaction from Pomarre, queen of Tahiti. On his
arrival at the island, Thouars demanded a letter of apology and the payment
of an indemnity of two thousand dollars within twenty-four hours, and a
salute of twenty-one guns by the Tahitian government to the French flag
when it was hoisted on a certain island. Failing compliance with these
demands, hostilities were to commence forthwith. On the advice and with
the assistance of George Pritchard, Queen Pomarre paid the indemnity and
complied with the demands. Thouars thereupon appointed a French consul
on the island, and concluded a treaty with Queen Pomarre. Pritchard stated
that the Tahitians thought they were under British protection, and he desired
frequent visits of British ships of war.
Note 127, page 714.
The unanimous resolution.
A copy of this resolution will be found on page 571.
Note 128, page 719.
The renewal.
The statute, 9 Geo. IV, c. lxxxiii, expired on the 31st of December, 1836,
or at the end of the next session of parliament. It was extended for periods
of twelve months each by successive statutes, 6-7 Wm. IV, c. xlvi, 7 Wm. and
1 A^ict., c. xlii, and 1 and 2 Vict., c. 1.
Note 129, page 719.
The opinions of my Predecessor.
The opinions of Governor Bourke were contained in two despatches, dated
25th December, 1833, and 26th December, 1835 {see page 302 et seq., volume
XVII, and page 246 et seq., volume XVIII).
Note 130, page 722.
Also page 739.
Clause I.
By these clauses, the following provisions were made: —
Clause I — that courts of judicature be established in New South Wales
and Tasmania, and that judges be appointed.
COMMENTARY. 815
Clause V — that all issues of fact on every information by the attorney-
general l>e tried by one or more judges and seven commissioned officers of
the navy or army.
Clause X — that the governors be authorised to extend and apply the form
of proceeding by grand or petit juries.
Clause XI — that the supreme courts be courts of equity.
Clause XIII — that the King be authorised to appoint circuit courts.
Clause X Y I I — that the governors be authorised to appoint courts of
gem ml and quarter sessions.
Clause XVII] — that the governors be authorised to appoint courts of civil
jurisdiction.
Clause XXII — that laws and ordinances be enrolled in supreme court;
and that a judge be authorised to submit to the governor a remonstrance,
which remonstrance was to be considered by the council, that such law or
ordinance was in his opinion repugnant to the law of England.
Clause IX — that the governors be empowered to revoke assignments and to
grant temporary or partial remissions of sentences to convicts.
Clause XXXIII prescribed regulations for remissions of sentences of
transportation; and
Clause VIII prescribed the system for the trial of issues.
Xote 131, page 748.
The application of certain Individuals.
This was the application from C. Swanston and his partners (see pages 435
and 430).
Note 132, page 74S.
The Under Secretary of State's Letter.
A copy of this letter is not available. The conditions imposed on the
Australian agricultural company were reported by Sir George Murray to
Governor Darling in a despatch, dated 31st July, 1828 (see page 272 et seq.,
volume XIV).
Xote 133, page 751.
562.8^8 acres only were exchanged.
By this exchange, the Australian agricultural company acquired the area
of land adjoining the modern town of Tamworth, which was afterwards
transferred to the Peel river estates company and is known as Goonoo Goonoo.
Xote 134, page 755.
Also page 766.
An act.
This was the act of council, 2 Viet., Xo. 16, entitled, "An' Act to authorise
the payment of moneys for the year one thousand eight hundred and thirty-
nine to certain Presbyterians in Xew South Wales under the provisions of
an Act intituled, ' An Act to promote the building of Churches and Chapels
and to provide for the maintenance of Ministers of Eeligion in Xew South
Wales.' "
Xote 135, page 774.
The opinion.
Governor Bourke submitted reports on the " bushrangers act " in des-
patches, dated 15th September, 1834, and 14th September, 1836 (see page 520
et seq., volume XVII, and page 536, volume XVIII).
816 COMMENTARY.
Note 136, page 779.
A Medical Board.
By section two of this act of council, the first board was permanently estab-
lished in Australia for the examination of qualifications of candidates desir-
ous of practising a profession. By this section, it was enacted, " That it
shall and may be lawful for the Governor or Acting Governor for the time
being to appoint a Committee, consisting of not less than three Members
being of the Medical Profession, one of whom shall be nominated President,
together with a Secretary, under the style and description of ' The New South
Wales Medical Board ' ; and it shall be lawful for the said Governor or
Acting Governor for the time being to remove the said Members or any of
them, and, upon the removal, death or resignation of the said Member or any
of them, to appoint such other person or persons as he shall think fit ; and
any person, desirous of being declared a legally qualified Medical Practi-
tioner as aforesaid, shall submit his degree, diploma or certificate, or proof
of his being so duly qualified, for the examination and approval of the said
Medical Board, and shall obtain from the said Medical Board a certificate
of his being so qualified."
In the year 1808, lieut.-colonel Foveaux, who administered the government
for a term after the deposition of Governor Bligh, established a board to
examine the qualifications as surgeons of William Bedfern and Edward Lut-
trell (see page 617, volume VI). For a number of years, this system was
extended to an examination of all who commenced medical practice in the
colony. Anyone failing to pass such examination was gazetted and ordered
to desist from practice.
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The letters.
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INDEX,
Abel Gower, ship
I rh per, 117.
Aberdeen, Alexander
complaint by, of ill-treatment, 13.
passenger per ship Lady McNaghten, 12.
Aberdeen, Farquliar
passenger per ship Lady McNaghten, 12.
Aborigines
appointment of superintendent of agricul-
ture for mission to, at Wellington
vail ?i </.. 661.
approval —
by Glenelg, lord, of notice re, 678.
of action of Gipps, Sir G., re, 706.
ociation of sei LA. company with
females of, 745, 746, 747.
attacks by —
on cattle stations, 39S, 400.
on overlanding party to Port Phillip. 398,
.".10.
on survey party. 398, 400.
civilisation of. considered by house of com-
mons, 252.
confession of guilt by murderers of, at
Myall creek, 739.
difficulties re females of, 662.
difficulty in checking- outrages on, 39S.
duties of protectors of, 254, 255.
education of children of, 661, 662.
effects of European colonisation on, 663.
employment of at Wellington valley, 662.
encounter with, by mounted police under
Nunn, J. W., 396. 397, 399, 510.
execution of murderers of, at Myall creek,
701, 703.
expenditure on, from land revenue, 644.
food and clothing to be provided for, 254.
inability to grant protection to settlers
against, 509.
inquiry re encounter of Mitchell, T. L.,
with, on exploring expedition, 47
et seq.
instructions to police re capture of, 706.
legal opinion re attack on, by expedition
under Mitchell, T. L., 390.
localities of outrages by, 510.
massacre of, at Myall creek, 701 et seq.
memorial from settlers at Port Phillip re
outrages by, 509.
mission-
stations established for, 9.
to, at Wellington valley, 660 et seq.
Aborigines
missionaries for, procured from Lutheran
church, S c/ seq.
money subscribed tor defence of murderers
of, at Myall creek, 704.
murder of, by white men at Myall creek.
601, 701 et seq.
necessity for —
mission to, at Moreton bay, 9, 10.
notice r<- policy towards, 707.
thorough inquiries re outrages on or by,
678.
notice proposed —
re inquests on, 397, 398.
etention by white men of women of.
39S.
objections to transfer of, from Flinders
island to Port Phillip, 601, 668.
participation of Scott. P.. in defence of
murderers of, at Myall creek, 704.
705.
prevention of collisions with, policy for,
67S.
principle- to be adopted in policy towards^
4s, -\9.
protectors appointed for, 253, 254, 669.
punitive measures proposed against, 509.
removal of, proposed from Tasmania, 253.
report by committee of council re, 668, 669.
salaries and allowances for protectors of,
254.
sensation at arrest of murderers of, at
Myall creek, 704.
tact required in action re, 399.
translation of Bible into language of, 662.
transmission of proposals re civilisation of,
from Maconochie, A., 196.
trials of murderers of, at Myall creek, 701,
702, 703.
Adam Lodge, ship
arrival of, 50, 230.
departure of, from Ireland with immigrants,
30.
employment of immigrants per, 51.
Adamson, Frederick
letter from, to Glenelg, lord, 659.
Adelaide, H.M. Queen dowager
address of condolence to —
from inhabitants of Sydney, 309, 461,
475.
from R.C. clergy, 331, 332.
840
INDEX.
Agent, colonial
See also " Elliot, Thomas Frederic."
advance from English treasury to, for pur-
poses of immigration, 51, 250, 383,
384, 437, 456, 566, 605, 648, 669,
768.
repayment of advance to, 307.
statement of accounts of, 384.
system proposed for providing funds for, 51,
52.
Agent general
See " Agent, colonial."
Aide-de-camp
instructions re, for Gipps, Sir G., 108, 109.
Alderson, James
memorial from, soliciting land grant, 267
et seq.
Alfred, ship
despatch /«r, 307, 308, 309, 313, 315, 316,
318, 324, 479, 513, 514, 515, 516,
; 517, 520, 526, 537, 538, 549, 550,
551, 552, 553, 555, 557, 558, 559,
560, 561, 562, 565, 566, 567, 568,
569, 574, 577, 578.
Algar, John Mortimer
authority for conditional pardon for, 227.
Allan, Reverend James
stipend for —
application re, 264, 265.
authorised, 73.
claimed on arrival, 73, 263.
Allen, George
judgment obtained by, against Harris, S. L.,
65.
Alligator, H.M. ship
departure of, to found settlement in north
Australia —
from England, 247.
from Sydney, 589.
Alloyd, George
address of, to A^ictoria, H.M. Queen, 327.
Allyn
clergyman required at, 245.
Amelia Thompson, ship
despatch per, 275, 276, 287, 290, 301, 303,
306, 310, 311, 312, 314, 315, 318,
321.
American Transport, ship
request for rescue of survivors from wreck
of, 251.
Anderson, J. (major, 50th regt.)
services of, as commandant at Norfolk
island. 152.
Anderson, James
memorial from, requesting appointment as
superintendent of botanic garden,
237, 238.
testimony in favour of, 237, 238.
Anderson, Matthew (colonial surgeon)
application by, for retiring pension, 539,
540.
removal of, from list of naval surgeons, 540.
testimony in favour of, 183.
transmission of letter from, 183.
Andrews, Joseph
undertaking given by, re passage money as
schoolmaster, 6.
Appin
clergyman required at, 245.
Arbuthnot, Henry-
letter from, to treasury, commissioners of,
103, 384, 563.
Architect
salary of, increased by legislative council,
608.
Arms, royal
order-in-council re alteration of, 73.
Arnold, —
deputy assistant commissary-general at Nor-
folk island, 151.
Arnold, William Thomas
appointment of, as French consular agent at
Sydney, 513.
Arthur, John
letter from, to assistant commissary-general
of accounts, 104.
letter to, from Montagu, J., 104, 249, 250.
Arthur, Sir George
opinions of, re road gangs for convicts, 95.
Asia, ship
despatch per, 25, 26, 668, 669, 674, 677,
679, 680, 681, 682, 686, 687, 689,
690, 691, 692, 693, 695, 697, 698,
699, 706, 707, 708.
Atkins, Reverend Thomas
clerical status of, 564.
disallowance of charge for robes for, as
chaplain at Norfolk island, 229, 230.
employment of, in colony, 564.
inability to compel refund by, 564.
letter from, to Thomson, E. D., 564.
regret by Glenelg, lord, at result of resigna-
tion of, 174.
statement by, re clerical robes at Norfolk
island, 564.
INDEX.
841
Audit commissioners
copies of finance papers required by, 311j
I 1M.
letter from, to treasury, commissioners of,
108, 884, 563, 729, 782.
Augusta Jessie, ship
arrival of, ai Sydnej with immigrants, 128.
departure of, from England with immi-
grants, 30.
despatch per, 236, 238, 240, 243, 244.
Australia, north
also "* Port Essington."
detachmenl of military required in, 96, 337.
objects of settlement in, 247.
settlement proposed in, 96, 217.
Australian agricultural company
association with black women of servants
of, 74.-.. 747.
condition of convicts assigned to, 745, 746.
deficiency in convicts assigned to, 752.
employment by —
of Burnett, W.. 261, 262.
of Hen.', tiM, n. J., 316, 317.
exchange of land proposed by, 750 et seq.
inability —
of commissioner of, to modify agreement
re coal-mining, 464.
to authorise full supply of convict labour
for, 753.
instructions r< deeds tor land grants to, 361.
interpretation of agreement with, re coal-
mining, 744, 745.
letter to commissioner of, from Harington,
T. C. 747.
monopoly of coal-mining granted to, 435,
436. 464, 74S, 749.
policy of, re moral improvement of em-
ployees, 745.
proposal for withdrawal of assigned con-
victs from, 746, 747, 753.
protest by, against granting permission for
coal-mining. 74S et seq.
refusal by Glenelg, lord, to decide re ex-
change of land with, 753.
report by Perry. S. A., re proposed exchange
of land with, 752.
Australian gaslight company
request for decision on act of council re,
647.
Australian subscription library
librarian of, 524, 526.
Baker, John Thomas
address of, to Victoria, H.M. Queen, 327.
Balmain, John
undertaking given by, re passage money as
schoolmaster, 6.
Bank of Australasia
appointment of inspector of, 629.
authority for increase of capital of, 743,
744.
Banks
instructions re interest on public money
lodged in, 566.
interest paid by, on government money, 1S7.
interest received by officials on public
money deposited in, 186, 187, 565.
Baptist church
act re temporal affairs of, 776.
Bargo
clergyman required at, 245.
Baring, P.
letter from —
to secretary of ordnance, 208.
to Stephen, J., 164, 287, 347, 575, 615,
626, 708, 725, 727, 768, 781.
letter to —
from Barrow, Sir J., 455.
from Stephen, J., 357.
Barnard, B.
advance to, 51, 52, 250, 383, 384, 437, 456,
566, 605, 648, 669, 768.
letter from, to Spearman, A. Y., 383.
repayment of advance to, 307.
Barnes, "William
commutation of death sentence on, 713.
Barney, T. T.
letter from, to officer commanding in Tas-
mania, 124.
Barney, George (captain, royal engi-
neers)
approval of salary for, for civil services,
100.
proposal by, re disposal of land occupied by
military barracks at Sydney, 594.
reports by, re water supply for Sydney, 155.
repurchase of allotments by, for military
purposes, 597, 598.
request for approval of salary voted for, 41.
Barracks
at Newcastle —
purchase of land for, 595.
sale of land occupied bj', 595, 596.
at Sydney —
adjustments proposed re land occupied by,
596.
area of land occupied by, 593.
claim by ordnance department re land
occupied by, 594, 595.
opposition to sale of land occupied for,
by ordnance officers, 593.
problem of disposal of land occupied by,
594.
proposal by Barney, G., for disposal of
land occupied by, 594.
value of land occupied by, 594.
transmission of warrant for regulation of,
754.
842
INDEX.
Barrow, Sir John
letter from — ■
to Baring-, F., 455.
to Spearman, A. Y., 540, 727.
to Stephen, J., 54, 310, 691.
Barton, William
memorial received by Glenelg, lord, from,
182.
reasons for confirming previous refusal of
land grant for, 182, 183.
Bathurst
appointment of clergyman at, 245.
Batman, John
allowance to, for value of improvements on
land, 554, 698.
application by. to purchase land at Mel-
bourne, 553.
approval of decision re house and garden
for, at Melbourne, 102.
memorial from, received by Glenelg, lord,
102.
objections by Fawkner, J. P., to land grant
for, 502.
report required re land granted to, 196.
Beaumont, Andrew
money withdrawn by, from savings bank,
404.
Beddek, Francis
land grant to wife of, as marriage portion,
411.
letter to, from Harington, T. C, 412.
memorial from, to Glenelg, lord, 411.
refusal of land grant for, 412, 638.
report by land board re claim of, to land
grant, 411.
Belcher, William Redmond
clerk in office of superintendent of convicts,
338.
Bell, E.
letter from, to D'Urban, Sir B., 215.
Bell, John
clerk in office of superintendent of convicts,
338.
Bell, Thomas
instructions for employment of, 448.
reappointment of, to charge of female fac-
tory. 589.
supercession of, as keeper of female factory,
156.
testimony in favour of, 156.
Bell, Thomas (surgeon, R.N.)
criticism of report of, re sickness on ship
Prince George, 223 et seq.
Bengal Merchant, ship
transmission of assignment of convicts per,
227.
Bennett, Sarah
passenger per ship Lady McNaghten, 12.
Bermuda
reports re control of convicts at, 94.
Berner, John Henry
letter to, from Harington, T. C, 361.
memorial from, soliciting grant of town
allotment, 360, 361.
order for town allotment for, 361.
refusal of land grant for. 557.
report re claim of, to town allotment, 359.
Bethune, Charles Drinkwater
captain of H.M. ship Conway, 486.
letter from, to Thomson, E. D., 496.
letter to, from Thomson, E. D., 495.
payment to, for passage of bishop, 727.
request to, to visit Fijian islands, 495, 496.
search to be made for Durant, T., by, 554.
visit of. to Fiji islands after attack on
schooner Sir David Ogilby, 486.
Biddle, Henry
murder of, by Maori in New Zealand, 602,
603.
Biddulph, Edward
address of, to Victoria. H.M. Queen, 327.
Bidwell, Frederick
address of, to Victoria, H.M. Queen, 327.
Bigg, F.
report required re free pardon proposed for,
712.
Bingham, Henry
commissioner of crown lands at Oassilis,
625.
letter from, to Thomson, E. D., 625.
passenger per ship Lady McXaghten, 12.
Bing'le, A. B.
judgment obtained by, against Harris, S. L.,
65.
Single, John
refusal to reinstate, in commission of peace,
132.
Bishop of Australia
See " Broughton, Right Revd. William
Grant."
appointment of. as executive councillor, 306.
precedency of, 476.
Blair, Reverend Robert
appointment of. as minister of Presbyterian
church, 23 et seq.
INDEX.
845
Blaxland, John
protest by, r< appropriations by council.
609.
Bolson, George
address of, to \ ictoria, II. M. Queen, 327.
Bolton, Charles
passenger per ship Lady McNaghten, 12.
Bolton, Reverend B. T.
appointment of, as ('. of E. clergyman, 693.
Botanic garden
committee
memorial fi om Anderson, J., requesl u g
pointmenl as superintendent of, 237,
238.
negotiations with Cunningham, A., re super-
intendence of, 416.
separation of fruit and vegetable u.1
from, 410. 417.
transmission of reporl on, 416.
Boulton, Reverend William
appoii - clergyman, 214.
Bourchier, Charles
letter from, to Spearman, A. Y., 433.
Bourke
approval of, as name of district at Port
Phillip, 354.
Bourke, Sir Richard (governor)
acceptance of resignation of, 4, 194.
approval of —
name of, tor district of Port Phillip. 3.34.
policy of, re encounter of Mitchell, T. L..
with natives on exploring expedition,
47.
commendation of services of, 4.
departure of, 197, 236.
instructions to —
re government house, 111, 112.
r< medical establishments, 100 et seq.
re reward? for public service. 98.
re treatment of pauper patients, 103
et seq.
journey intended by, from Valparaiso. 236.
letter from —
to Glenelg, lord, 1, 4, 11, 21. 40. 44, 50.
52, 54, 55, 60, 61. 62, 67. 63. 73.
75. 79, 80, 84, 86, 87, S9, 90, 91,
93, 97, 98, 115, 116, 117. 128, 129.
130. 133, 141, 143, 146, 14S, 150,
155, 156, 165, 174, ISO, 181, 183,
185, 186, 187, 189, 190, 191, 193,
194, 195, 512, 762.
letter to—
from bishop of Australia, 244.
from Curtoys, J. A., 195.
from Glenelg-, lord, 4. 5. 6, S, 10, 22,
23. 25. 26. 41, 43. 44, 46, 47, 51,
54. 7,6, 57, 61, 65, 66. 63. 69, 70,
71. 72. 97. 98, 99, 100, 102, 103.
105. 107, 110, 111. 112.
Bourke, Sir Richard (governor)
lettei
from Grey, "sir <;.. 512.
fit in Raj mond, J., 1 1 7.
memorial to —
from Buckley, W.
from Duguid, I... 280.
from Glennie, A., 548, 549.
Henry, W.. 623.
passa^ proposed for, from colony on ship
of war. 54.
policy in. towar I Thii rry, C. de, 133.
proposal for departure of, 194.
reluctance of. to hold inquiry re encounter
of Mitchell, T. L., with natives, 47.
sj stem proposed by —
ior administration of medical establish-
ments, 762, 763.
for providing funds for colonial agent,.
51. 52.
Bowen, George Meares Countess
isal by Glenelg, lord, to interfere in case
Of, 450.
transmission of memorial from, 129.
Bowen, William
addTess of, to Victoria, H.M. Queen, 327.
Bowler, John William (surgeon, R.N.)
promotion granted to, 180.
transfer of. from H.M. ship Rattlesnake to
-hip Lady McNaghten, 12.
Bowman, James (inspector of colonial
hospitals)
sion re -alary of, 652.
i: structions r< claim- of, on reduction, 164,.
165.
removal of, from monthly pay list, 385.
Boyle, —
command of brig Governor Phillip assumed
by, 694.
Boyter, David (surgeon, R.N.)
gratuity to, for immigrants per -hi;' John
Ban//, 193.
instructions to. for selection of immigrants,.
35.
letter from —
to Elliot, T. F.. 221. 441.
to -\faedonald, J., 75S.
letter to —
from Elliot, T. F., 200.
from Grey, Sir G., 35.
report by — -
re ship John Barry. 441.
re ship William Nicholl, 221. 222.
Brackenrig, James
address of, to Victoria, H.M. Queen, 327.
Bradly, H. B.
appointments held by, 567.
leave of absence granted to, 567.
844
INDEX.
Brady, Reverend John
address from —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
appointment of, as^R.C. chaplain for Nor-
folk island, 110.
arrival of, 361.
duty assigned to, at Windsor, 362.
reasons for appointment of, 560.
reduction in allowance of passage money to,
213.
Brebner, James
address of, to Victoria, H.M. Queen, 327.
Bremer, Sir James John Gordon
arrival of, at Sydney, 590.
commission —
granted to, as commandant, 590.
to be given to, by Gipps, Sir G., 247.
departure of, from Sydney for Port Essing-
ton, 589.
search to be made for Durant, T., by, 554.
settlement proposed under, in north Aus-
tralia, 96, 247.
Brenan, John Ryan
appointment of, as third police magistrate,
365.
claims of, to employment, 520.
confirmation of appointment of, as third
police magistrate, 553.
disappointment of, re non-appointment as
superintendent of convicts, 55, 521.
employment of, as coroner, 55, 366.
letter from, to Thomson, E. D., 696.
letter to, from Thomson, E. D., 337.
proposal for appointment of, at Port Phillip,
521.
protest by, re demand for refund of over-
paid salary, 696, 697.
salaries proposed for, 366.
transmission of letter from, 54.
Brennan, Reverend Michael
appointment of, as E.C. clerg3mian, 315.
Brigstocke, Reverend C. P.
appointment of, as C. of E. chaplain, 348.
Brilliant, ship
sailing of, from Hebrides with immigrants,
112, 113.
Brisbane, Sir Thomas Makdougall
conditions for land grant to, 322.
expenditure of, as governor, 323.
inability of agent of, to obtain possession of
reserve, 322, 323.
instructions re claims of, 322, 324.
land granted to and reserved for, 322.
letter from, to Gienelg, lord, 322.
opinion by Darling, R., re claims of, to
land grant, 630.
-orders for land for, 629.
Brisbane, Sir Thomas Makdoug-all
report by Gipps, Sir G, adverse to addi-
tional land grant for, 630.
sale by —
of land grant, 323, 630.
of land reserved, 323.
selection of land for, by agent, 630.
Brisbane water
clergyman required at, 245.
Bristol
proposal for sailing of ship from, with
immigrants, 27, 28, 32.
British museum
request by trustees of, for specimens of
natural history, etc., 124, 125.
Britomart, H.M. ship
sailing of, from Sydney with expedition for
Port Essington, 589.
Brock, H. G.
account for purchases by, 467.
report re purchases by, at Cape of Good
Hope, 466, 467.
Brooks, William
murder of, by Fijians, 485, 488, 489.
Broughton, Right Reverend William
Grant
application by, for eighteen additional
clergy, 244, 245, 513, 514.
instructions to, re passages on ships during
visitations, 727, 728.
letter from, to Bourke, Sir R., 244.
opinion of —
re claim of Duguid, L., to land grant,
279, 499.
re new form of government, 402.
payment for passage of, on H.M. ship Con-
way, 727.
protest by, re sale of clergy and school
estates, 739, 740.
Brown, Thomas
address of, to Victoria, H.M. Queen, 327.
Brownrigg, J. S.
letter from, to Gienelg, lord, 745, 74S.
letter to, from Grey, Sir G., 744, 753.
Buchanan, John Cross
letter from, to Gienelg, lord, 658.
Buckles, Bagster and Buckle
report by, re value of sand discovered by
King, J., 535.
Buckley, William
career of, 181.
memorial from, soliciting land grant, 182.
pension lecommended for, 182.
refusal of land grant or pension for, 432.
salary granted to, 181.
INDEX.
845
Buffalo, H.M. ship
despatch per, 385, 389, 390, 391, 394, 396,
397, 399, 100, 402, 405, 406, 407.
Bungonia
clergyman required at, 245.
Bunker, Eber
refusal oi secondary land gram" for, 68, 69.
Burin, George
judgment obtained by, against Harris, S. L.,
85.
money held by, for Dawson, R., 137.
Burke, John
address of, to Victoria, H.M. Queen, 327.
Burnett, W. (physician-general)
report by, re sickness on ship Prince George,
223 et seq.
Burnett, William
memorial from, soliciting land grant, 261,
262.
refusal of land grant for, 478.
testimony in favour of claims of. 262, 263.
Burrogorang"
clergyman required at, 245.
Burton, William Westbrooke (judge)
application by, re retiring pension, increase
of salary, and precedency of puisne
judges, 256 et seq., 309, 310.
appointment of, as second puisne judge, 46.
leave of absence for, 71.
letter from — -
to Gipps, Sir G., 472, 582, 741.
to Glenelg, lord, 256.
letter to, from Manning, J. E., 473.
motives of opinions given by, 651.
opinion of —
re crown lands occupation act, 649, 650,
651.
re illegality of land sales without parlia-
mentary consent, 651, 652. %
re necessity for repeal of statute for re-
covery of debts, 582 et seq.
re new form of government, 402.
precedency for, 503, 504.
refusal of increased salary and retiring pen-
sion for, 503.
relations of, with Gipps, Sir G., 652.
report by —
re fine imposed on Catterall, J., for con-
tempt of court, 741.
re trial of McConnell, T., 89.
Busby, James
abolition of office of, as British resident,
690.
apprehension by, re French settlement in
New Zealand, 642, 643.
Busby, James
employment proposed for, 690.
letter from, to Thomson, E. D., 700.
proposal by, for military in New Zealand.
85.
report by, re affairs in New Zealand, 85.
transmission of report from, re trial and
execution of Maori for murder, 602.
Busby, John
allowance to, for supervision of tunnel for
water supply of Sydney, 551.
claim by, for remuneration for services, 156.
tunnel for water supply of Sydney con-
structed by, 155.
Busby, William
allowance to, for supervision of tunnel for
water supply of Sydney, 551.
Bushrangers act
act of council for extension of, 774.
Bussell, Bourn
sss of, to Victoria, H.M. Queen, 327.
Bussorah Merchant, ship
engagement of, to sail from Cork with
immigrants, 34.
report re outbreak of small-pox and measles
on, 449.
Butler, G.
letter from, to Spearman, A. Y., 127, 627.
Byham, R.
letter from, to Stephen, J., 333, 40S.
letter to —
from Spearman, A. Y., 120, 207.
from Stephen, J., 333.
Byrne, Ann
details of sentence on, 711.
inquiry re sentence on, 712.
Byrne, Michael
report transmitted re deceased estate of,
233.
Byron, John
transmission of report re immorality of, as
master of female convict ship, 228.
Callaghan, John
address of, to Victoria, H.M. Queen, 327.
Campbell, J.
legal opinion by, re disposal of property
of deceased convicts, 731.
Campbell, John
address of, to Victoria, H.M. Queen, 327.
Campbell, Pieter Iiaurentz
complaints by, against Clapham, J., 405.
reply by, to statements by Clapham, J.,
470.
visiting magistrate at female factorv, 470.
34(3
INDEX.
Campbell, Reverend A. M.
letter from, to Grey, Sir G., 10, 514.
letter to, from Grey, Sir G., 10, 514.
Campbell, Robert
undertaking given by. re passage money as
schoolmaster, 6.
Campbell, Robert
5s of, to Victoria, H.M. Queen, 327.
Campbell, Robert
legal action proposed against, 191.
objections to, as member of council, 192.
refusal by, to refund1 over-payment, 191.
relationship of, with Close, E. C, 332.
Cape of Good Hope
arrival at —
of ship Platina, 215.
of ship William Nicholl, 215 et seq.
Carmichael, Reverend Henry
extract from lecture by, at opening of
school of arts, 536.
statement by, re pottery established by
King, J., 531.
vice-president of school of arts, 531.
Caroline, ship
despatch per, 40, 44, 50, 52, 54, 55.
Carter, —
allowance for passage of, as schoolmistress,
517.
Carter, William
judgment obtained by, against Harris, S. L.,
Cassilis
commissioner of crown lands at, 625.
Castle hill
clergyman required at,
!45.
Catterall, Joseph
complaint by, re fine imposed for con-
tempt of court, 740.
report re fine imposed on —
by Burton. W. W„ 741.
by Plunkett, J. H., 741 et seq.
Caulneld, Dennis
free pardon' for, 711.
Cecille, —
application by, for advance to refit, 313.
approval of advance to, 515.
commander of French corvette L'Heroine,
313.
letter from, to Gipps, Sir G., 313.
Ceylon
instructions re administration of customs at,
670 et seq.
Chaplains
See " Clergy."
Chapman, John
forgery of order for, on treasury, 462, 4 83,
781 et seq.
Charter, John
address of. to Victoria, H.M. Queen, 327.
Chetwode, — (lieut., R.N.)
acting commander of H.M. sloop Pelorus,
603.
Chief justice
appointment by, of officers of supreme court,
567.
precedency of, 476, 707.
Chili
approval of admission of cargo of wheat
from, 107, 108.
Church missionary society
application by, for land grant, 303, 304.
engagement by, of superintendent of agricul-
ture on mission lands at Wellington
valley, 303 et seq.
Church of England
act of council re temporal affairs of, 149.
annual appropriation in aid of, 740.
appointment of clergy for, 214, 348, 514,
693.
church given by, for settlement at Port
Essington, 589, 590.
proposal re clergy for, 244, 245.
Churches
approval of grants for maintenance of, 148.
free sittings in, 149.
City of Edinburgh, ship
despatch per, 73, 75, 79, 80, 84.
Civil officers
criticism of claims of, to land grants, 500.
instructions re system for promotion of,
458, 459.
memorial from, soliciting land grant, 267
et seq.
objections to dual appointments for, 437.
practise re land grants to, 258, 267, 268.
refusal of land grants to, 500.
regulations —
re pensions for, 259.
re salaries for, 270.
renewal of appointments of, on accession of
H.M. Queen Victoria, 484.
right of dismissal of, by government, 607.
Clapham, John
allowance for passage money to, 7.
appointment of, as steward in female fac-
tory, 6.
criticism of instructions to, 92.
INDEX.
847
Clapham, John
dismissal of, as steward at female factory,
105, 106, 170.
dispute of, with matron of factory, 321,
171.
duties and >alaiy of, 7.
removal of, threatened by Gipps, Sir G.,
821.
reply by Campbell, P. I--, to statements by,
470.
testimony in favour of, 7.
transmission of letters from, 470.
Clarence town
clergj man required at, 245.
Clarke, Reverend W. B.
appointment of, as C. ol E. clergyman, 693.
Clergy
allowances for passage money of, 212, 213.
appointments of, proposed for C. of E., 24.3.
arrivals of, 149.
conditions for appointment of, 264
-allowance of charge tor robes of chap-
lain at Norfolk island, 229, 230.
ecclesiastical offences of, instructions re cog-
nizance of, 68 L, 682.
2 . 1 opinion re jurisdiction over offences of,
necessity for notification of leave of ab-ence
granted to, 388.
practice re land grants to. 239.
proposal re, for church of England, 244,
24.5.
returns required re, by house of commons,
3S9.
stipends for —
amount of, 148, 149.
appropriations for, 74.
approval of appropriations for, 143.
claimed on arrival. 73, 263.
date for commencement of, 10.
objections to proposals of, 74.
principles re issue of, 570.
Clift, Samuel
- of, to Victoria, H.M. Queen, 327.
Close, Benjamin
address of, to Victoria, H.M. Queen, 327.
Close, Edward Charles
address of, to Victoria, H.M. Queen, 327.
letter from, to Thomson, E. D., 605.
relationship of, with Campbell, R., 332.
resignation of, as member of council, 605,
Coady, Edward
report transmitted re, 228.
Coal-mining
authority for, at Western port, 711.
interpretation of agreement with A. A. com-
pany /v. 74 1. 7 I."). 7 18, 749.
monopoly of. granted io A. A. company, !■"■•",.
136, 164, 749, 750.
proposal tor, at Western port, 435, 436,
464, 74S.
Coates, Reverend Dandeson
letter from, to Glenelg, lord, 303, 660.
letter to, from Grey, Sir (;., 667.
Cobb, John
address of, to Victoria, H.M. Queen, 327.
Cohen, Sam
addre- of, to Victoria, H.M. Queen, 327.
Cohen, T. J.
address of, to Victoria, H.M. Queen, 327.
Collector of internal revenue
interest received by, on money deposited in
bank-, 186, 187, 565.
Colo
clergyman required at. 245.
Colquhoun, Malcolm
undertaking given by, re passage money as
schoolmaster, 6.
Commissariat
instructions for transfer of articles ex gov-
ernment sbips to, 230 et scq.
lo-s of revenue by drawback on rum issued
to military by, 771, 772.
Commons, house of
consideration by, of civilisation of abori-
gines, 252.
debates in legislative council re evidence
given before transportation com-
mittee of, 504, 505.
preparation of returns for, 655, 656.
resolutions to be laid before, 691.
returns required by, 25, 26, 226, 388, 389,
691.
Connolly, Thomas
librarian of Australian subscription library,
524, 526.
Connors, Hugh
report transmitted re, 228.
Consul, British
proposed appointment of, in New Zealand,
Consular agent
appointment of, for French government at
Sydney, 513.
848
INDEX.
Convicts
See also " Road gangs."
abolition of assignment of, proposed, 18S,
461, 679.
act of council re remission of sentences on,
at Norfolk island and Moreton bay,
775.
advantage of supervision of, by military,
188.
appointment of chaplain to, at Sydney, 656,
657.
arrival of ship Lord Lyndoch with scurvy
amongst, 547, 591.
assignment of —
abolition of males in towns and as do-
mestic servants, 604, 773.
abuse of preference in, to new settlers,
604.
expected abolition of, 616.
objections to tickets of leave by masters
holding, 604.
preference in, to new settlers, 603.
transmission of regulations re, 603.
charge for removal of military as, 109, 110.
clothing for, proposal re payment for, 619,
620.
cost of conveyance of, by sea, 193, 194.
defects in law re banishment of, 152.
disposal of —
articles ex transport ships for, 230 et seq.
property of, 403.
expenditure on —
establishment for, 580 et seq.
necessity for adoption of general principle
re, 617.
inconveniences of disability of, to hold pro-
perty, 402 et seq.
inferiority of equipment of ships with, from
Ireland, 425, 426.
instructions —
re discipline of convicts, 468, 469.
re expenditure and payments for services
of, 120 et seq.
re general musters and returns of, 113,
114.
re requisitions for stores for, 127.
re restoration of property to, 728 et seq.
re returns of deceased estates of, 314.
legal opinion re disposal of —
deceased estates of, 314.
property of, 731.
limitation of sums to be restored to, 729.
maintenance of, employed by town surveyor,
555, 556, 616 et seq.
necessity for returns of absolute and condi-
tional pardons to, 229.
number of —
at Sydney, 657.
required on public works, 187.
possibility of —
cessation of transportation of, 461.
loss of warrant for pardons of, for ma-
chine-breaking, 685, 686.
Convicts
problem of disposal of property of, on
decease, 729.
problems re, in adoption of statute for
defence of felons by counsel, 45, 631.
proposal for remuneration of, 96.
proposals for alteration in law re punish-
ment of, 153.
rates of mortality amongst, on convict
ships, 225.
rations for, on convict ships, 224.
report —
required —
re disposal of religious books ex ships
with, 708.
re gratuities to females amongst, cf
good character, 578.
re sickness amongst, on ship Prince
George, 223 et seq.
request for indent of, per ship Neva, 390.
return of sums issued to, from savings bank,
405.
returns —
of punishments by flogging of, 653, 654.
required —
by house of commons re, 226.
re floggings of, 26.
re secondary punishment of, 26.
salaries voted for military overseers of, 40.
statement re, transported for machine-
breaking, 685, 686.
status of, on receipt of pardons, 723.
statutory amendments proposed re tickets
of leave and pardons for, 723.
supply of, to ordnance department, 409, 410.
want of —
information in England re, 114.
moral effect on, of banishment to Nor-
folk island, 151, 152.
Convicts, superintendent of
clerks in office of, 337, 338, 581, 676.
duties in office of, 677.
expenditure in office of, 581, 582, 676.
query by treasury re increased expenditure
in office of, 337.
Conway, H.M. ship
departure of, for Fiji islands, 486.
Coode, John
letter from, to Grey, Sir G., 251.
Cook's river
clergyman required at, 245.
Cooper and Levy
judgment obtained by, against Harris, S. L.,
65.
Cooper, George
appointment of, as collector of customs at
Melbourne proposed, 90, 91.
letter from, to Thomson, E. D., 759, 760.
letter to, from Thomson, E. D„ 760.
refusal of appointment of, as collector of
customs at Port Phillip, 427.
INDEX.
849
Cooper, Mary
memorial from, soliciting passage to colony,
178, 479.
passages for sell and family unnecessary,
766.
Cooper, William
memorial from wife of, 478.
private in mounted police, 478.
proposed return of, to England, 766.
Corcoran, Reverend James V.
appointment to till vacancj caused by death
of, 315.
Corlette, James
memorial from, as executor of Henderson,
J., soliciting land grant, 316. 317.
Conlsten (Coulston), Lawrence Chris-
tian
deposition by, re attack by Fijians on
schooner Sir David Ogilby, 493.
Coulson, Henry
address of, to Victoria, H.M. Queen, 327.
Coulson, John
address of, to Victoria, H.M. Queen, 327.
Coulson, Robert
address of, to Victoria, H.M. Queen, 327.
Coulson, Thomas
address of, to Victoria, H.M. Queen, 327.
Council, executive
inquiry by, re encounter by Mitchell, T. L.,
with natives on exploring expedition,
47 et seq.
minute of, re refusal of gratuity to Murray,
A., on reduction, 453, 454.
oaths —
taken by members of, 305.
to be taken by members of, 297.
opinion of —
re claim of Duguid, L., to land grant,
277, 278, 279.
re claims of Dawson, R., to land grant,
518.
re gratuities to surgeons on immigrant
ships, 406, 407.
re reward to King, J., for discovery of
sand for glass, 532, 534.
re salaries of Presbyterian clergy, 274.
power of Gipps, Sir G., to suspend and
appoint members of, 297, 298.
proclamation of members of, 306.
reference of schism in Presbyterian church
to, 443.
Council, legislative
abolition of veto of judges over acts of, 722.
act of—
re abolition of certain shipping fees, 776.
re adoption of criminal statutes, 77 7.
Council, legislative
r< amendment of —
po^t-office act, 778.
Sj dney police act, 775.
re apprehension of offenders from Tas-
mania and South Australia, 777.
re appropriation, 77S.
re appropriation of fines and penalties,
779.
re building act for town of Sydney, 780.
re catarrh in sheep, 777.
re continuance of bushrangers act, 774.
re crown lands occupation, 7 78.
re distilleries, 768 et seq., 780.
re extension of —
jury act, 774.
police act to country towns, 775.
r< free importation of grain, 780.
re indemnity of customs officers, 779.
re insolvent debtors, 777.
re investment of fund, of intestate estates
472, 72S, 773, 774.
re jury lists for district of Maitland, 775.
re marriages of minors, 7 7 7.
re medical witnesses at inquests, 774.
re newspapers, 778.
re payment of salaries to Presbyterian
ministers, 755, 756, 778.
re qualifications of medical witnesses, 779.
re recovery of fines, etc., 776.
re sentences of convicts at Norfolk island
and Moreton bay, 7 75.
re special licenses, 770.
re spirit licenses, 7 78.
re temporal affairs of religious societies
776.
re trial by jury at Melbourne and Port
Macquarie, 775.
re I nion assurance company's act, 780.
act to be passed by, re validity of land
grants after demise of William IV,
447.
admission of public to debates of, 433, 646.
appointment of, 298.
claim by, to appropriation of land revenue,
643, 645.
confirmation of acts of, 72.
consideration by, of bill for vesting military
lands in ordnance officers, 592, 593.
constitution proposed for, 720.
debates in, re evidence given before trans-
portation committee, 504, 505.
elective members proposed for, 719 720
721.
emancipists and expirees proposed as elec-
tors for, 721.
inadequacy of, as constituted, 719.
method proposed for initiation of measures
in, 721.
nominee members of, proposal for removal
of, 721.
Ser. I. Vol. XIX— 3 H
>50
INDEX.
Council, legislative
objections by members of —
to appropriation bill for 1839, 600.
To expenditure on police and gaols, 609,
610.
to prisoners' counsel bill, 44, 45, 631.
to system of pensions, 611.
passing of distilleries bill by, 600.
possibility of passing ordnance bill through,
596.
powers of legislation by, 298.
procedure proposed for, 721.
proposal —
by, for gratuities in lieu of pensions, 611,
612, 735.
for exclusion of governor, judges and
clergy from, 721.
proposals by —
committee of, re immigration, 83.
Gipps, Sir G., for reform of, 719 et seq.
protest by judges re crown lands occupation
act passed by, 649 et seq.
provision proposed for representation of
minorities in, 720.
qualifications —
of electors proposed for, 720.
of members proposed for, 721.
reasons of Gipps, Sir G., for not proposing
grant by, to Lewis, C. M., 592.
relationship of members of, 332.
report by committee of — ■
re aborigines, 668, 669.
re system for immigration, 83, 639 et seq.
resignation of Close, E. C, as member of,
605.
resolution by —
in favour of Therry, R., 580.
re claims of Snodgrass, K., for remunera-
tion for civil services, 681.
salaries —
increased by, in 1839, 608.
voted by —
for assistant engineers, 40.
for Barney, G., 41.
for military overseers of convicts, 40.
salary for clerk to clerk of, 608.
system of elections proposed for, 720.
transmission of acts of, for 1837, 647.
Courier, Dutch vessel
interpretation of treaty with king of Nether-
lands re reciprocity of trade in con-
nection with admission of, 346, 347.
Cowper, Charles
lands granted to, 269.
Cowper (Cooper), Reverend William
letter from, to Thomson, E. D., 574.
letter to, from Watson, Revd. W., 665.
religious books received by, ex convict
ships, 232, 233, 574.
Cox, T. B.
address of, to Victor:
H.M. Queen, 327.
Cox, James
address of, to Victoria, H.M. Queen, 327.
Crag-g", Robert
report transmitted re, 228.
Craig, Reverend William
letter from, to Glenelg, lord, 24.
letter to, from , 25.
Croasdill, William
memorial from, as executor of Henderson,
J., soliciting land grant, 316, 317.
Croft, Jonathan (deputy purveyor)
storekeeper required by, 42.
Croke, James
appointment of, as clerk of crown at Port
Phillip, 781.
Croker, John J.
address of, to Victoria, H.M. Queen, 327.
Cross, William
letter from, to Glenelg, lord, 658.
letter to, from Grey, Sir G., 658.
Crown prosecutor
criticism by Glenelg, lord, of appointment
of, at quarter sessions, 252.
proposal for appointment of, at quarter ses-
sions, 60, 61.
report re necessity for, 731 et seq.
Cullen, Thomas
report re sentence on, 711.
request for particulars of sentence on, 22S.
Cunningham, Allan
negotiations with, re superintendence of
botanic garden, 416, 646, 647.
resignation of, as superintendent of botanic
garden, 416.
Cumming, R. P.
address of, to Victoria, H.M. Queen, 327.
Cummings, Andrew
third mate on ship Lady McNaghten, 12.
Curtoys, J. A.
application by, for letters of denization,
194, 195.
letter from, to Bourke, Sir R., 195.
letters of denization authorised for, 428.
letters of denization to be granted to, 195.
Customs, collector of
interest received by, on money deposited in
banks 18S, 187, 565.
Customs department
appointmenl of officers of, al Port Phillip,
760 et seq.
approval of admission o\ cargo from Chili
by, 107, 10S.
i stablishment of —
clerks proposed for, 7r>.
proposed a1 Port Phillip, 90, 91, -127.
instructions re appointments to vacancies in,
670 et seq.
necessity for fixing scale for salaries of
clerks in, 75.
objections to salary proposed for chief clerk
in, 7.">.
refusal to alter system for salaries of clerks
in, 410.
salary for sub-collector at Port Phillip in,
451, 452.
Daley, James
refusal to mitigate sentence on, 227.
Dapto
elergyman required at, 245.
Dangar, Henry
massacre of aborigines on station of, 701
et seq.
memorial received from, by Glenelg, lord,
98.
reasons for delay in decision re claims of,
22.
refusal to reverse decision re claims of, 69,
99.
report required on memorial from, 99.
Darling, H. C. (dep. commissary-genl.)
letter from, to Spearman, A. Y., 248.
Davoren, Patrick
report re, 712.
Dawes' point
objections to vesting in ordnance officers of
land for military purposes at, 593.
Dawson, Robert
basis of renewed claim of, 518, 519.
claim by, to land grant, 133 et seq.
criticism of claim of, to land grant, 518.
decision by executive council re claims of,
518.
intentions of, on application for land, 134,
136.
land granted to, 139.
letter from, to Glenelg, lord, 133, 139.
letter to, from Grey, Sir G., 138.
order for land grant to, 134, 136.
refusal of land grant for, 135, 138.
request by, for compensation, 139, 140.
return of live stock of, 137.
statement of capital possessed by, 137, 518,
519, 520.
INDEX.
Dawson, Robert B.
851
application by, for land grant for father,
136.
letter from, to Macleay, A.. L35, 136, 137,
519.
letter to, from Macleay, A.. 136, 138.
refusal of land grant to, 138.
requesl by, for examination by council, 135.
Day, Edward Denny
addic-- of, in Victoria, ELM. Queen, 327.
appointment of, as police magistrate at
Muswellbrook, 115, 117.
employment of, as police magistrate at
Maitland, 115.
inquiry by, re massacre of natives at Myall
creek, 701, 702.
Debts
necessity for repeal of statute for recovery
of, 582 et seq.
Dee, Thomas
address of. to Victoria, H.M. Queen, 327.
Denistoun, John
letter from, to Glenelg, lord, 658.
Dennis, Robert
report transmitted re, 228.
transmission of petition for mitigation of
sentence on, 227.
Denshire, George
address of, to Victoria, H.M. Queen, 327.
Despatches
instructions re transmission of schedules of
contents of, 552.
Diamond, ship
inquiry re equipment of, as transport for
convicts, 425, 426.
Dicken, Reverend E. A.
appointment of, as C. of E. chaplain, 348.
Dickinson, J. Gr.
address of, to Victoria, H.M. Queen, 327.
Dickinson, J. H.
address of, to Victoria, H.M. Queen, 327.
Digby, Joseph
advance to, for passage money, 199.
appointment of, as steward in lunatic asy-
lum, 142.
arrival of, at Sydney, 552.
salary for, as steward in lunatic asylum,
142, 143.
Dillon, John
claim hy, on Kinchela, J., 586.
letter from, to Glenelg, lord, 586.
852
INDEX.
Dillon, Peter
claim by, for maintenance of Fijian natives,
497, 498.
Fijian natives rescued by, 495, 496, 497.
letter from, to Thomson, E. D., 4 97.
owner of schooner Jess, 497.
Distilleries
necessity for passing- 0f bill for regulation
of, 600, 769 et seq.
Dobie. John (surgeon, R.N.)
appointment of, as health officer at port of
Sydney, 737.
employment of, in quarantine of ship Wil-
liam Rogers, 683.
purchases made by, at Rio Janeiro, 480.
qualifications of, 738.
salary of, as health officer, 738.
surgeon on ship Duncan, 480.
Doclcls, Alexander
address of, to Victoria, H.M. Queen, 327.
Doclson, J.
letter from, to Glenelg, lord, 682.
Dog-e, Iiudaire
appointment of, as assistant to mission to
natives, 9.
Donahoe, John
conditional pardon for, 227.
Donovan, Marg-aret
passenger per ship Lady McXaglrfen, 12.
Dowling", James (chief justice)
application by, re retiring pension, increase
of salary, and precedency of puisne
judges, 256 et seq., 309, 310.
appointment of, as chief justice, 46.
claim of, for precedency, 476.
letter from —
to Gipps, Sir G., 472, 582.
to Glenelg, lord, 256.
letter to, from Manning, J. E., 473.
notes by, at trial of Hammond, H., 355,
356.
oaths of office taken by, 305.
opinion of —
re admission of public to legislative
council, 433.
re necessity for repeal of statute for re-
covery of debts, 582 et seq.
re new form of government, 402.
precedency of, as chief justice, 476, 707.
refusal of increased salary and retiring pen-
sion for, 503.
town allotment granted to, 257.
Dowling", Patrick
free pardon for, 712.
Dowling", Reverend C. V.
address of —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 327, 330.
proposal for transfer of. from Maitland to
Norfolk island, 362.
Dredg-e, —
appointment of, as assistant protector of
aborigines, 254.
Dryade, ship
despatch per, 603, 605, 607, 609, 611, 61S.
616, 619, 620, 625, 629, 630, 632,
633, 637, 638, 642, 643, 647, 649,
651, 653, 6.55, 656, 668, 675, 680.
683, 685.
Dubost, —
report re, 713.
Duff, James
nomination of, by synod of Ulster, 24.
Dug-all, Reverend Thomas
appointment of, as minister of Presbyterian
church, 23 et seq.
Dug-uid, Lesslie
application by, for land grant, 281, 282.
criticism of claim of, to land grant, 498,
499.
decision requested by, 286, 287.
land — ■
claimed by, 277, 278.
to be granted to, 280, 281.
letter from —
to Macleay, A., 281.
to private secretary, 287.
to Thomson, E. D., 279, 2S6.
letter to —
from Goulburn, F., 280, 281, 287.
from Horton, R. W., 280.
memoranda re claims of, to land grant, 2SG-
memorial from —
as executor of Henderson, J., soliciting
land grant, 316, 317.
soliciting land grant, 277, 278, 280.
opinion of executive council re claim of to
land grant, 277, 278, 279.
order for land grant to, 280.
refusal of land grant for, 277, 499.
request by, for survey of land grant, 281.
Dulhunty, Robert
annual certificate required re, 250, 251.
Dumaresq, Henry (lieut.-colonel)
payment of full salary to, as private secre-
tary, 326, 327.
testimony by, in favour of Burnett. W .,
262, 263.
Dumaresq, William
report by, re claims of Wentworth, G., to-
la rid grant, 546.
INDEX.
853
Duncan, ship
despatch per, 214.
purchases made for immigrants on, at Rio
Janeiro, 480.
Dunlop, James
labours of, at Parramatta observatory, 536.
report by, r< value oi sand discovered by
King, J., 535, 536.
Dumes, Alexander George
clerk in office of superintendent of con-
victs 33S.
Dural
clergyman required at, 245.
Durant, Amelia
application i>.\ , tor rescue of brother, 251.
Letter from, to (.lenelg, lord, 251.
Durant, Trayton
request for rescue of, 251.
-ruches to be made for, 554, 555.
D'Urban, Sir Benjamin
Utter from, to Glenelg, lord, 214.
letter to, from Bell, E., 215.
Dutch government
interpretation of treaty with, re reciprocity
of trade, 346, 347.
prohibition of importation of produce from
possessions of, 57S.
Dwyer, Elinor
inquiry re fate of, 450, 4 51.
Earl Grey, ship
despatch per, 45S. 460, 461, 463, 465, 46S,
469, 475, 477, 47S, 4S2, 498, 499,
500, 502, 503, 505.
Earl Stanhope, ship
despatch per, 12S, 129, 130.
Early, H.
address of, to Victoria, H.M. Queen, 327.
Ebsworth, James Edward
letter from, to Thomson, E. D., 464, 747.
letter to, from Thomson, E. D., 464.
memorial from, as executor of Henderson,
J., soliciting land grant, 316, 317.
Eckford, William
address of, to Victoria, H.M. Queen, 327.
Eckhardt, Christiana Wilhelmina
free pardon for, 227.
Edmunston, James
proposed ordination of, for service in colony,
214.
Edsell, Charles
report transmitted re, 22S.
Education
allowance tor passage of schoolmistress, 517.
9choolmasters —
allowances of passage money for, 5, 6.
appointment of —
by Presbyterian church, 5.
from model school, 482, 483.
conditions for appointment of, 568.
passage money for, for lt.C. schools, 210,
211.
ction of, to be made in England, 209.
undertaking given by, re passage money,
6.
want of, for R.C. schools, 210.
Eippes, Christopher
appointment of, as missionary to natives, 9.
Elliot, James
claim by, lor redress, 323.
inability of, to gain possession of land pur-
chased from Brisbane, Sir T., 323.
letter from, to Glenelg, lord, 323.
letter to, from Grey, Sir G., 323.
purchase by, of land reserved for Brisbane,
Sir T., 323.
Elliot, Thomas Frederic
apportionment of charges for office of, 357
et seq.
instructions re correspondence of, 211, 212,
290.
letter from —
to Boyter, D., 200.
to Grey, Sir G., 211.
to Parker, H. W., 162.
to Rogers, W., 36, 37.
to Stephen, J., 26, 27, 29, 30, 99, 158,
160, 200, 204, 216, 342, 440, 449,
466, 480, 724.
letter to —
from Boyter, D., 221, 441.
from Grey, Sir G., 203, 212.
reforms proposed by, on immigrant ships,
449, 450.
report by —
re immigrants per ship William Nicholl,
216 et seq.
re purchases by —
Brock, H. G., for ship Orontes, 466,
467.
Dobie, J., for ship Duncan, 480.
re ship Bussorah Merchant, 449, 450.
re ship John Barry, 440, 441.
re ship Lady McNaghten, 342 et seq.
Elliot, William
attorney for Brisbane, Sir T., 322.
inability of, to obtain possession of land
reserved for Brisbane, Sir T., 322,
323.
Elliot, William
regret by Glenelg, lord, at withdrawal of,
from assigned service of Lamb, J.,
184.
854
INDEX.
Ellis, Samuel
commutation of death sentence on,
13.
Elyard, William
claim by, to increase of salary, 270, 271.
salary for, 553.
Emma Eugenia, ship
despatch per, 56, 71, 73, 97
126, 127, 128, 129,
140, 142.
109, 124, 125,
131, 132, 133,
Emancipists and expirees
proposal for right of, to vote as elector for
legislative assembly, 721.
Engineer, commanding royal
approval of salary for, for civil services,
100.
proposal for transfer of control of road
gangs to, 95.
public works under department of, 482.
Enterprize, ship
despatch per, 115, 116.
Erskine, J.
address of, to Victoria, H.M. Queen, 327.
Esperanza, ship
approval of admission of cargo of, from
Chili, 107, 108.
Essington, schooner
employment of, to convey stores to Port
Essington, 590.
Estates, clergy and school
appointment of Macpherson, W., to charge
of, 195, 437.
deficiency in accounts of, 195, 196.
instructions for disposal of, 190.
protest by bishop re sale of, 739, 740.
resignation of Fisher, H., from charge of,
195.
Estates, intestate
act of council re deposit of funds of, in
savings bank, 472, 728, 773, 774.
balances of, in hands of Manning, J. E.,
474.
objections by Manning, J. E., to rule of
court proposed re, 474, 475, 728.
rule of court re funds of, 472.
Estell, H.
address of, to Victoria, H.M. Queen, 327.
Eyre, Sophia
report re, 459.
Faithfull, George
murder by aborigines of men under, on
overlanding party to Port Phillip,
398, 400, 510.
Eattorini, Edward, M.D.
certificate by, re health of White, H. F.,
369, 370.
Faunce, Alured Tasker (captain, 4th
regt.)
application by, for relief for loss sustained
as magistrate, 512.
inability to grant relief to, 512.
testimony in favour of, 512.
transmission of memorial from, 365.
Fawkner, John Fascoe
application from, acknowledged by Glenelg,
lord, 698.
objections by, to land grant for Batman, J.,
or members of Port Phillip associa-
tion, 502.
report required re letter from, about land
granted to Batman, J., 196.
Fell, Fhillip Launder
memorial from, solicitii
et seq.
land
rant, 26'i
Female factory
allowance for visiting magistrate to, 157,
338, 44S, 604, 605.
appointment —
of matron and steward for, 6, 7.
of visiting justice for, 157.
approval of —
action of Gipps, Sir G., re. 674.
expenditure proposed on, 118, 320.
cells for separate confinement to be erected
at, 157, 158, 320.
description of main building of, 319, 320.
dismissal of Clapham, J., as steward at,
405, 406, 470, 471.
dispute between matron and steward at,
321, 406, 471.
establishment for, 7.
expectations by Glenelg, lord, re, 649.
necessity for visiting magistrate at, 581.
number of inmates in, 581.
proposal by Gipps, Sir G., for separate cells
in, 92, 114, 118.
reappointment of Bell, T., to charge of, 589.
regulations for visiting justice to, 157. 158.
report by Gipps, Sir G., re, 318 et seq.,
461, 471.
sleeping accommodation in, 319.
supercession of Bell, T., and wife as keeper
and matron of, 156.
visit of Gipps, Sir G., to, 319.
want of employment for inmates in, 319.
Fenn, Dorothy
free pardon for, 227.
Fenwick, N". A.
appointment of, as police magistrate, 591.
INDEX.
855
Fergnsson, ship
despatch per, L58, L59, 163, 164, 174. ISO,
L82, hi. 188, L89, 190, 192, 196,
199, 201, 202, 205, 206, 207, 209,
210, 211, 212, 718, 724. 725. 726.
786, 748, 744, 754, 761, 764,
768, 772. 77:;. 7S1.
Tiji islands
approval of —
action re outrage at, 736.
expenditure on return of natives to, 725.
attack on schooner Sir David Ogilby by
nativ( - ' seq.
departure oi H.M. ship Conway for, 486.
legal opinion re attack by natives of, on
schooner Sir David Ogilby, 494, 195.
tim of natives to, 4S6.
Orders for maintenance of natives from, 726.
rescue of natives of, by Dillon, P., 49."),
196, 197.
Finance"
advance to colonial agen£ by treasury, 51,
52, 250, 38
605, 648, 669, 768.
approval of appropriation act for 1S3S.
copies of finance papers required by audit
commissioners, 311.
details required with accounts for audit,
419.
effects of new system for immigration on,
53.
expenditure —
amount of, for year 1839, 60S.
apportionment of. to colonial revenues,
609, 610.
appropriation act for, for 1S3S, 52, 558.
excess of, over ordinary revenue, 601,
607.
explanation of. for 1838. 53.
inability for reduction of, on public
works, 82.
increase of, by council, 608.
returns of, transmitted, 50.
transmission of estimates for, for 183S,
21. 22.
instructions re expenditure and payments
for ordnance and convict -ervice-s,
120 et seq.
interest paid by banks on government de-
posits, 187.
necessity for new taxes anticipated, 645.
of penal settlements, 154.
possibility of necessity for increased taxa-
tion, 82.
revenue —
deficiency in amount of general revenue,
82/601, 607, 608, 643.
improbability of continued surplus for,
81.
inability to dispose of surplus of, from
want of labour, 53.
Finance
re\ enue —
principles to control expenditure from,
5 7:..
returns required re. by house of commons,
226.
tem proposed for providing funds for
colonial agent. 51, 52.
1 1. ii -mission of —
estimates tor 1839, 547, r> 4 ^ , 607.
report re examination of treasury vault,
Finch., Heneage
murder by aborigines of men employed
under, in surveying party, 398, 400.
Finn, John
commutation of death sentence on, 711, 712..
Fisher, Francis
legal opinion from, re attack by Fijians on
schooner Sir Valid Oyilbti. 494, 495.
letter from, to Thom-on, E. D., 494.
Fisher, Henry
deficiency in accounts of, 195, 196.
resignation of. from charge of clergy and
school estates, 195.
Fitzgerald, —
murder by aborigines of man employed by,
on cattle station, 39S, 400.
Fitzpatrick, Reverend John
appointment of. as R.C. clergvman, 223.
Fitzsimons, Valentine
memorial from, soliciting land grant, 267
et seq.
Flaharty, John Ryder
clerk in office of superintendent of convicts,
338.
Flanagan, Francis
letter to —
from Harington, T. C, 526.
from Thomson, E. D., 526.
memorial of, soliciting land grant, 522
et seq.
reasons —
for delay in application from, 521.
for refusal of land grant to, 521, 522.
refusal of land grant to, 526.
Fleming, Henry
See " Hammond, Henry."
Fleming, John
address of, to Victoria, H.M. Queen, 327.
Flinders island
aborigines of Tasmania quartered at. 252.
856
INDEX.
Florentia, ship
despatch per, 686, 691, 694, 695,
TOO, 704, 709, 710, 719.
698,
Foley, Eliza
claim by, for loss of trunk on ship Lady
McNaghtertj 275, 276.
report re trunk of, 625, 626.
Forbes, Sir Francis
appointment of, as chief justice, 257.
objections in council to pension for
611.
pension granted to, 259, 611.
resignation of, as chief justice, 46.
town allotment granted to, 257.
withdrawal of official residence from, 257
600,
Forshall, T.
letter from, to Gleneli
lord, 125.
Forster, William
compensation to, for losses in wreck of ship
Letitia, 2.
Foster, Mary Ann
letter from, to Glenelg. lord, 141.
non-receipt of allowance by, from Foster,
W., 140, 141.
remittances to, by Foster, W., 556.
Foster, William
remittances by, to wife, 556.
request by wife for allowance from salary
of, 140, 141.
salary of, 557.
Fowler, William
petition for free pardon for, 711.
report re, 713.
Fowles (Fowler), D. A.
letter from, to Glenelg, lord, 66.
objections by, to system of public land
sales, 66.
reforms proposed by, for system of land
sales, 67.
reply by Gipps, Sir G., to statements by,
428 et seq., 668.
Franklin, Sir John (lieut.-governor,
Tas.)
instructions re control of, over ordnance
officers, 408 et seq.
letter to, from Glenelg, lord, 468, 681.
Franz, Frederic
appointment of, as assistant to mission to
natives, 9.
Fraser, Alexander
undertaking given by, re passage money as
schoolmaster, 6.
Freeman, James
report required re, 227.
French government
appointment of consular agent for, at Syd-
ney, 513.
apprehension re settlement by, in New Zea-
land, 642, 643, 700.
receipt of judiciary act from, 4.
Fullerton, Reverend James
appointment of, as minister of Presbyterian
church, 23 et seq.
Furber, George
address of, to Victoria, H.M. Queen, 327.
Fyans, Foster (late captain, 4th regt.)
appointment of, as police magistrate at Gee-
long, 88.
Galbraith, —
land grant purchased by, from Brisbane,
Sir T., 323.
Galloway, Thomas (surgeon, B.N.)
certificate by, re health of White, H. F.,
370.
nomination of, as surgeon to select immi-
grants, 276.
surgeon on ship Augusta Jessie, 30.
testimony to services of, 128.
Gambling", George
report required re, 711.
Gaols
appropriation for chaplains at, 657.
correspondence with English treasury re ex-
penditure on, 614,- 615.
expenditure on, 81, 609, 610, 614, 615.
necessity for grant for, from British trea-
sury, 81.
objections by members of council to ex-
penditure on, 609, 610.
opinion to be transmitted re charges for,
72.
subsidy from English treasury proposed for
maintenance of, 645.
transfer of charges for, to colonial treasury,
80, 81.
Garling, Frederick
claim of, to annual salary, 735.
inefficiency of, as clerk of peace, 734.
instances of negligence of, 735.
retirement of, as clerk of peace, 734.
retiring or commutation allowance proposed
for, 735.
Garven, John Hill
address of, to Victoria, H.M. Queen, 327.
INDEX.
857
Gaygan, Patrick
recommendation for passages for wife and
family of, 227.
report re, 712.
Geelong-
approval of appointments at, 354.
appointment of police magistrate at, 88.
mounted police detailed for duty at, 290,
291.
outrages by natives at, 510.
request bj settlers for establishment of
ci\il authority in district of, 87, 8S.
Geoghegan, Reverend P.
allowance foi outfit and passage for, 460.
Gibbes, John George Nathaniel
letter from, to Thomson, E. !>.. 759, 760.
letter to, from Thomson, E. D., 760.
Gibbon, Reverend W. L.
appointment of, as C. of E. chaplain, 348.
Gilchrist, Reverend Hugh
appointment of, as minister of Presbyterian
church. 23 ( t s< q,
Gipps, Sir George (governor)
allowance to, for passage money, 324.
amount of half salary claimed by, 325.
arrival of, 305.
claim by, for half salary during- voyage,
324, 325.
commission of, a^ governor-in-chief, 295
et seq.
custody of public seal by, 297.
expenditure by. on assumption of govern-
ment, 324.
experience of, in control of forced labour,
94.
instructions to —
re advances to visiting ships of foreign
nations, 515.
re aide-de-camp, 108, 109.
re appropriation of revenue from land
fund, 55S, 559.
re charge for —
colonial marine, 579.
removal of military convicts, 109, 110.
re claims for additional land grant-. 527.
re cognizance of ecclesiastical offences of
clergy, 681, 682.
re control —
of colonial store department, 206, 207.
over ordnance officers, 407 et seq.
re correspondence of agent general for
emigration, 211, 212, 290.
re custody of colonial -tores, 626 et seq.
re details required with accounts for
audit, 419.
re discipline of convicts, 468, 469.
Gipps, Sir George (governor)
re disposal of —
articles ex government ships, 230
et seq.
clergy and school estates, 190.
re employment of soldiers as mounted
police, 584 et seq.
re expenditure and payments for ordnance
and convict services, 120 et seq.
re general musters and returns of con-
victs, 113, 114.
re interest on public money in banks,
566.
re legislation, 298.
re meteorological observations, 6S7, 688.
re minimum price of land, 537, 538.
re repairs to —
barracks for mounted police, 119, 120.
military barracks, 207 et seq.
re report on prospects of employment of
-killed and unskilled labour, 422,
4 23, 4 24.
re requisitions for supplies, 92, 93.
re restoration of property of convicts,
72S et seq.
re submission of estimates for public
works, 312, 480, 481.
re system for promotion of civil officials,
158, 459.
re transmission of schedules of contents
of despatches, 552.
re treatment of pauper patients, 247
et seq.
re vacancies in customs establishment,
670 et seq.
letter from —
to Glenelg, lord, 92, 93, 114, 305, 307, 308,
309, 313, 315, 316, 318, 324, 327,
330, 332, 339, 341, 344, 348, 350,
354, 359, 361, 363, 365, 366, 385,
389, 390, 391, 394, 396, 397, 399,
400, 402, 405, 406, 407, 410, 411,
413, 416, 420, 425, 428, 433, 435,
442, 443, 452, 456, 459, 462, 463,
469, 470, 471, 476, 477, 480, 483,
4S5, 496, 502, 504, 506, 508, 513,
516, 517, 521, 527, 540, 544, 545,
547, 548, 550, 552, 554, 556, 564,
565, 567, 573, 57S, 579, 580, 582,
5S6, 589, 591, 592, 594, 597, 598,
599, 600, 602, 603, 605, 607, 609,
611, 613, 616, 619, 620, 625, 629,
630, 632, 633, 637, 638, 642, 643,
647, 649, 651, 653, 655, 656, 668,
675, 680, 683, 685, 686, 691, 694,
695, 696, 698, 700, 704, 709, 710,
719, 731, 734, 736, 737, 738, 739,
740, 754, 755, 756, 759, 766, 767,
768, 771, 774.
letter to —
from Burton, W. W., 472, 582, 741.
from Cecille, — , 313.
from Dowling, J., 472, 582.
858
INDEX.
Gipps, Sir Georg-e (governor)
letter to —
from Glenelg, lord, 73, 92, 108, 109, 112,
118, 119, 120, 124, 125, 126, 127,
128, 129, 131, 132, 133, 140, 142,
158, 159, 160, 163, 164, 174, 180,
182, 184, 188, 1S9, 190, 192, 196,
199, 201, 202, 205, 206, 207, 209,
210, 211, 212, 214, 223, 225, 226,
229, 230, 234, 247, 250, 251, 252,
263, 272, 275, 276, 287, 290, 301,
303, 306, 310, 311, 312, 314, 315,
318, 321, 332, 337, 342, 346, 348,
353, 356, 361, 383, 388, 407, 410,
412, 417, 419, 420, 421, 422, 424,
426, 428, 432, 434, 437, 438, 445,
446, 447, 448, 450, 451, 454, 456,
45S, 460, 461, 463, 465, 468, 469,
475, 477, 478, 479, 482, 484, 498,
499, 500, 502, 503, 505, 508, 511,
513, 514, 515, 516, 517, 520, 526,
537, 538, 549, 550, 551, 552, 553,
555, 557, 558, 559, 560, 561, 562,
565, 566, 567, 568, 569, 574, 577,
578, 579, 584, 586, 591, 599, 604,
605, 606, 614, 626, 629, 631, 632,
638, 646, 648, 649, 652, 656, 657,
659, 668, 669, 670, 674, 677, 679,
680, 681, 682, 686, 687, 689, 690,
691, 692, 693, 695, 697, 698, 699,
706, 707, 708, 713, 724, 725, 726,
728, 736, 743, 744, 754, 761, 764,
768, 772, 773, 781, 785.
from Macquoid, T., 339.
from McLean, J. L., 675.
from Nind, I. S., 457.
from Plunkett, J. H., 741.
from Willis, J. W., 472, 582.
lull in party strife due to arrival of, 401.
memorial to, from Reid, J., 414, 415.
oaths of office —
taken by, 305.
to be taken by, 296, 297.
objections by, to loan for purposes of immi-
gration, 642.
opinion of—
in favour of admission of public to legisla-
tive council, 433.
re coal-mining at Western port, 435, 436.
powers granted to —
to administer oaths of allegiance, 299.
to appoint justices and officers of the
law, 299.
to control finances, 299.
to dispose of land, 300.
to divide colony into counties, etc., 299.
to erect fortifications, 299.
to pardon and reprieve, 299.
to regulate commerce, 300.
to suspend and appoint members of
executive council, 297, 298.
proclamation on assumption of government
by, 305, 306.
Gipps, Sir Georg-e (governor)
proposal by —
for separate cells in female factory, 92,
114.
for military reinforcements, 96.
re new statute for government of colony
and administration of justice, 719
et seq.
re road gangs for convicts, 93 et seq.
protest by, against instructions for submis-
sion of estimates for public buildings,
481, 482.
provision for vacancy in office of, 300, 301.
reception of, by colonists. 402, 679.
report by, re female factory, 318 et seq.
territorial jurisdiction of, 295.
transmission of commission and instructions
for, 118.
voyage of, from England, 305.
Gisborne, H. F.
appointment of, as private secretary to
Bourke, Sir R., 117.
resignation of, as third police magistrate,
116, 366.
Glaister, William
clerk in office of superintendent of convict-.
338.
Glanville, Richard
decision re claim of, to land grant, 700.
transmission of minute of executive council
re claims of, to land grant, 263.
Glendon
clergyman required at, 245.
Glenelg1, lord
letter from —
to Bourke, Sir R., 4, 5, 6, S, 10, 22, 23,
25, 26, 41, 43, 44, 46, 47, 51, 54,
56, 57, 61, 65, 66, 68, 69, 70, 71,
72, 97, 98, 99, 100, 102, 103, 105,
107, 110, 111, 112.
to Franklin, Sir J., 468, 681.
to Gipps, Sir G., 73, 92, 108, 109. 113,
118, 119, 120, 124, 125, 126. 127,
128, 129, 131, 132, 133, 140. 142.
158, 159, 160, 163, 164, 174, 180,
182, 184, 188, 189, 190, 192. 196,
199, 201, 202, 205, 206, 207, 209,
210, 211, 212. 214, 223, 225. 226.
229, 230, 234, 247, 250, 251, 252,
263, 272, 275, 276, 287, 290, 301,
303, 306, 310, 311, 312, 314. 315,
31S, 321, 332, 337, 342, 346, 348,
353, 356, 361, 383, 388, 407, 410,
412, 417, 419, 420, 421, 422. 424,
426, 428, 432, 434, 437, 438, 445,
446, 447, 448, 450, 451, 454. 456.
458, 460, 461, 463, 465, 468, 469,
475, 477, 478, 479, 482, 484, 49S,
- 499, 500, 502, 503, 505, 50S, 511.
513, 514, 515. 516, 517, 520, 526,
537, 538, 549, 550, 551, 552, 553,
555, 557, 558, 559, 560, 561, 562,
INDEX.
859
Glenelg\ lord
letter from —
to I G.—
566, 567, 568, 569, 574, .".77.
578, 586, 591, 599, 604,
605, 606, M I. 626, 629, 681, 632,
688, 646, 648, 049, 652, 656, 657,
669, 668, 669, 670, 674, 677, 679,
680, 681, 682, 686, 687, 689, 690,
691, 692, 698, 695, 697, 698, 699,
706, 7ii7. 708, 718, 724. 727.. 726,
72-. 786, 748, 744, 754, 701, 764,
768, 772, 77:;. 781, 7S5.
letter to —
from Adamson, F., 65S.
from Bourke, Sir R., 1, 4, 11, 21, 10, 14,
50, ."■'. 54, 55, 60, til. 62, 67, 68,
73. 7.-,. 7it. mi. 84, B6, 37,
91, 93, 97, 98, 1 1.".. llti. 117, 128,
L29, 130, 133, 141, 143. 14(i. 148,
l.".o. I.".:,. L56, L65, 174. ISO, 181,
183, L85, l-i.. 1-7. L89, 190, 191,
512, 702.
from Brisbane, Sir T., 322.
from Brownrigg, J. s., 741. 7 1^.
from Buchanan, -J. ('..
from Hurt. >n. W. W\. 256.
from < oates, Revd. D., 31 ... 060.
from Craig, Revd. W., 24.
from Cross, W., 658,
from Dawson, K., 133. 139.
from Denistoun, J.. (11-.
from Dillon. J.. 586.
from Dodson, J.. OS 2.
from Dowling, J.. 2.16.
from Durant, A.. 2.11.
from D'Urban, sir B., 214.
from Elliot, J., 323.
from Forsball, T., 125.
from Foster, M. A., 141.
from Fowler, D. A., 66.
from Gipps, Sir G., 92, 93, 114. 305,
307, 308, 309, 313, 315, 316, 318,
324, 327, 330, 332, 339, 341, 344,
348, 350, 354, 359, 361, 363. 365,
366, 385, 389, 390, 391, 394. 396,
397, 399, 400, 402, 405, 406, 407,
410, 411, 413, 416, 420, 425. 42S.
433, 435, 442, 443, 452, 456, 459,
462, 463, 469, 470, 471, 476, 477,
480, 483, 485, 496, 502, 504, 506,
508, 513, 516, 517, 521, 527, 540,
544, 545, 547, 548, 550, 552. 554,
556, 564, 565, 567, 573, 578, 579,
580, 582, 586, 589, 591, 592, 594,
597. 598, 599, 600, 602, 603, 605,
607, 609, 611. 613. 616. 619, 620,
625, 629, 630. 632, 633, 637, 633,
642, 643, 647, 649, 651, 653, 655,
656, 668, 675, 680, 683, 685, 686,
691, 694, 695, 696, 698, 700, 704,
709, 710, 719, 731, 734, 736. 737,
738. 739, 740, 754, 755. 750. 759.
766, 767, 768, 771, 774.
Glenelg", lord
letter to —
from Gould, J., 413.
from Howick, viscount, 585.
from Jevers, !l. V. 450.
from Macfarlan, Revd. D., 713.
from McGarvie, Revd. J., 444.
from Mitchell, J., 117.
from Muir. Revd. W., 571, 6S9.
from Park, A.. 349.
from Rotton, W., 634.
from Snodgrass, K.. 228, 230, 233,
235,
236, 23S, 240, 243, 244, 245, 255.
210. 261, 263, 266, 270, 271, 274,
271. 270. 288, 290.
from Therry, R., 580.
from Ullathorne, Revd. Y\\, 210, 212,
318.
from Willi-. J. W., 2.10.
from Wood, P., 658.
memorial to—
from Anderson, J.. 237 ft seq.
from 1'.: Idek, I .. 411, 412.
from Berner, J. H., 360, 361.
from Burnett, W., 261, 262.
from Duguid, L., 277, 278.
from executors of Henderson, J., 316,.
317.
from Flanagan, F., 522 ct seq.
from Hani-, S. L., 63 et seq.
from Jeffrey, T., 186.
from King, J., 528, 529 et seq.
from Mac-queen. T. P., 541 et seq.
from Martin, A., 345, 346.
from Mathew, F., 180, 181.
from McGarvie, Revd. J., 238 et seq.
from Morisset, J. T., 175 et seq.
from Park, E.. 386, 387.
from Prout, C., 351.
from Uther, R., 240 et seq.
from Waldron, F. C, 764, 765.
from Weston, J., 1.
from Wvndham, G., 637, 638.
Glennie, Alfred
memorial from, soliciting land grant, 548,.
549.
opinion adverse to claim of, to land grant,.
548.
Goderich, viscount
. letter to, from King, J., 531.
Goodewin, John
undertaking given by, re passage money as
schoolmaster, 6.
Goodsir (Godsir), James Tox
judgment obtained by, against Harris, S. L.,.
65.
860
INDEX.
Goolcl, Reverend James
address from —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
appointment of, as R.C. chaplain, 110.
arrival of, 361.
reduction in allowance for passage money
to, 212.
Goulburn
appointment of clergyman at, 245.
Goulburn, Frederick (colonial secre-
tary)
letter from —
to Duguid, L., 280, 287.
to Harris, S. L., 64.
Goulburn river
military post proposed at, 510.
Gould, John
application by, for assistance in ornitho-
logical research, 413.
letter from, to Glenelg, lord, 413.
recommendation in favour of, 412.
Government house
approval of plans and estimates for, at
Sydney, 111, 112.
prohibition of alteration of plans for, 111,
112.
Grace, William
address of, to Victoria, H.M. Queen, 327.
Grant, Patrick
address of, to Victoria, H.M. Queen, 327.
address to Victoria, H.M. Queen, presented
by, 327.
appointment of, as police magistrate at
Maitland, 115.
Gray, John M.
payments made for wife by, 191.
Gray, William Nairn
charges made —
against, by White, H. F., 367, 371, 372,
559.
by, against White, H. F., 367, 368.
exoneration of, from charges, 380.
inquiry ordered re charges by White, H. F.,
against, 560.
letter to, from Partridge, S., 371.
letter from —
to Perry, S. A., 368.
to Thomson, E. D., 370, 372.
query re signature of, to petition in favour
of White, H. F., 699.
refusal of White, H. F., to withdraw
charges against, 367.
reply —
by, to charges made by White, H. F., 372
et seg.
by White. H. F., to charges made by,
368, 369.
Green, I. O. B. J.
address of, to Victoria, H.M. Queen, 327.
Green, Peter
address of, to Victoria, H.M. Queen, 327.
Gregory, Reverend J. G.
address from —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
appointment of, as chaplain at Norfolk
island, 687.
Grey, Sir George
letter from —
to Bourke, Sir R., 512.
to Boyter, D., 35.
to Brownrigg, J. S., 744, 753.
to Campbell, Revd. A. M., 10, 514.
to Cross, W., 659.
to Dawson, R., 138.
to Elliot, J., 323.
to Elliot, T. F., 203, 212.
to La Trobe, C. J., 786.
to Robison, R., 107.
to Rogers, Revd. H., 23.
to Macfarlan, Revd. D., 264, 265, 569,
718.
to Ullathorre, Revd. W., 211, 213.
letter to —
from Campbell, Revd. A. M., 10, 514.
from Coode, J , 251.
from Elliot, T. F., 211.
from Howe, lord, 475.
from Lang, Revd. J. D., 8, 56.
from Macfarlan, Revd. D., 23, 568, 570,
683.
from Robison, R., 106.
from Thompson, D., 438.
Griffiths, Georg-e
appointment of, as inspector of bank of
Australasia, 629.
Grills, John
address of, to Victoria, H.M. Queen, 327.
Gurner, John
chief clerk in supreme court, 477.
promotion of, at discretion of judges, 697.
recommendation of, for promotion, 477.
Gunther, Reverend James
appointment of, as missionary at Welling-
ton valley, 661.
Gylls, Reverend J. C.
appointment of, as clergyman, 214.
Hallen, Edward
costs of, as surveyor in suit Harris v. Rid-
dell, 65.
Hamilton, Alexander
report transmitted re, 228.
INDEX.
861
Hammond, Henry
confinement of, as criminal lunatic, 354.
instructions for confinement of, as criminal
lunatic, 227.
notes at i rial of, 855, 356.
Handt, Reverend J. S. C.
appointment of, as missionary to aborigines,
Hanmer, Catherine
letter Prom, to under secretary of state, 693.
request by, for information re her husband,
693.
Harbourmaster's department
expenditure on, 610.
Harding', —
catechisl oi R.C. church stationed at Nor-
folk island, 362, 687.
Hardy, Edward Wortley
address of, to Victoria, H.M. Queen, 327.
Hardy, John Richard
appointment of, as police magistrate at
JTaas, IK.
Harington, Thomas Cudbert
letter from —
to Beddek, F., 412.
to Berner, J. H., 361.
to commissioner of A. A. company. 747.
to Flanagan, F., 526.
to King-, J., .132.
to Waldron, F. C, 765.
Harper, W. H.
address of. to Victoria, H.M. Queen, 327.
Harper, William
address of. to Victoria, H.M. Queen, 327.
Harris, Standish Lawrence
acknowledgment of memorial from, 225.
affidavit by, re judgments, 65.
agreement with, for services as architect,
63, 64.
claim by, for compensation for services as
architect, 63 et seq.
compensation awarded to, by jury in
supreme court, 62, 63.
legal expenses incurred by, 64, 65.
letter to, from Goulburn, F., 64.
memorial from, to Glenelg, lord, 63 et seq.
property of, seized for debt, 64, 65.
refusal of compensation for, 225. 226.
Harrison, J. S.
letter to, from Macleay, A.. 270.
refusal of land grant for, 270.
Hartenstein, Gottleib
appointment of, as assistant to mission to
natives, 9.
Hats, manufactory for
establishment of, by Uther, R., 240, 241.
Hausman, Gottfried
appointment of, as assistant to mission to
natives, 9.
Hawkins, —
statements from journal of, 18, 19.
surgeon on ship Lad;/ McXayhten, 13.
Hawksley, Edward
allowance oi passage money for, 210, 318.
appointment of, as R.C. schoolmaster, 210.
Hayes, Attwell Edwin
refusal of land grant for, 164.
Hayter, Charles
conditional pardon for,
'11.
Health officer
appointment of Dobie, J., as, 737.
necessitj for, at port of Sydney, 737.
Healy, Nicholas
address of. to Victoria, H.M. Queen, 327.
Hebe, ship
de-patch per, S6, 87, 89, 90, 91, 93, 97, 98.
Hebersham
clergyman required at, 245.
Hebrides
passage for clergyman in ship with emi-
grants from, 29.
proposed departure of ship with emigrants-
from, 32.
sailing of ship Brilliant with emigrants
from, 112, 113.
surgeon proposed for ship with emigrants
from, 26, 27.
Helmsley, John (Henry)
report required re, 190.
Hely, Frederick Augustus
report by, re claims of Wentworth, G., to
land grant, 546.
Henderson, John
applications by, for land grant, 317.
comparison of claims of, with those of Daw-
son, R., 506.
employment of, by A. A. company, 317.
memorial from executors of, soliciting land
grant, 316, 317.
Henry, — (lieut., R.N.)
services of, in survey of Port Phillip, 87.
Henry, James
undertaking given by, re passage money as
schoolmaster, 6.
$62
INDEX.
Henry, William
application by, to lease land, 622, 623.
letter from, to Macleay, A.. 622.
petition from, to Bourke, Sir R., 623.
report by Gipps, Sir G., re claims of, to
land grant, 621, 622.
statements by Perry. S. A., re improvements
made by, on land occupied, 624, 625.
Heptonstall, Reverend —
reduction in allowance of passage monev to,
213.
Heron, James
murder of, by Waggoner, J., 410.
Herries, W. L.
letter from, to treasury, commissioners of,
7S2.
Herring-, Henry
application by, to withdraw money from
savings bank, 403.
career of, 404.
claim by, for restitution of watches and
jewellery, 404.
conduct and special treatment of, 404.
convictions of, 404.
money — -
belonging to, in savings bank, 403, 404.
brought by, to colony, 404.
withdrawal of money authorised for, 403.
refusal to restore property to, 729.
Hetherington, Reverend Irvine
stipend for —
application re, 264, 265.
authorised, 73.
claimed on arrival, 73, 263.
Hewitt, Henry
address of, to Victoria, H.M. Queen, 327.
Hickey, Edwin
application by, for land grant, 275.
refusal of land grant for, 498.
Hickey, James
commutation of death sentence on, 713.
Hicks, John
report required re, 711.
Hicks, Samuel
deposition by, re attack by Fijians on
schooner Sir David Ogilbij, 492.
Hind, Isaac Scott
See " Nindj Isaac Scott."
Hindmarsh, James Scott
memorial from, soliciting land grant, 267
et seq.
objections by Bourke, Sir R., to appointment
of, to treasury, 166, 168, 169, 171.
Hindmarsh, James Scott
proposal by Riddell, C. D., for appointment
of, to treasury, 165, 168.
reasons for appointment of, to treasury,
170.
Hindmarsh, Ralph
memorial from, soliciting land grant, 267
et seq.
Hobson, William (captain, R.N.)
proposal by, for factories in New Zealand,
84, 85.
services of —
at Port Phillip, 86, 306.
in New Zealand, 87.
Visit Of
to New Zealand, 84.
to Port Phillip, 86.
Hclden, George Kenyon
appointment of, as crown prosecutor, 116.
proposal for appointment of, as crown
prosecutor at quarter sessions, 60, 61.
provisional approval of, as crown prose-
cutor, 252.
resignation of, as crown prosecutor, 732.
Holden, Thomas
commutation of death sentence on, 711.
Holzhaufen, Joachim
appointment of, as assistant to mission to
natives, 9.
Hope, ship
despatch per, 767, 7i
771, 774.
Horsey, John Long
clerk in office of superintendent of convicts,
338.
Horton, Robert Wilmot (under secre-
tary)
letter from, to Duguid, L., 280.
Hovell, William Hilton
confirmation of previous decision re claims
of, 97.
remission of debt due by, to government,
98, 163.
transmission of memorial and journal of
exploration by, 68.
Howe, lord
letter from, to Grey, Sir G., 475.
Howey, Henry
application by, for additional land grant,
271.
omission to transmit memorial of, 468.
Howick, viscount
letter from, to Glenelg, lord, 585.
new foi'm of government proposed by, 402.
INDEX.
863
Hughes, James
address of, to Victoria, II. M. Queen, 327.
Hughes, William
address of, to \ ictoria, II. M. Queen, 327.
Hume, —
allowance to, IS
appointment of, as schoolmaster, and of his
wife as schoolmistress, 482, 4S3.
Hume, J. D.
letter from, to Stephen, J., 346.
letter to, from Stephen, J., 346.
Humphrey, Thomas B.
address of, to Victoria, H.M. Queen, 327.
Hunter, John
member of crow of schooner Sir David
Ogilby, 4S7.
Hunter river
clergyman required at, 245.
.settlement of immigrants ex ship Midlothian
ill district of, 506, 507, 50S.
Hunter, William (military secretary,
captain, 55th regt.)
report by, >•(> outbreak of fever on ship
Lady McNaghten, 12 et seq.
Hustwick, George
managing owner and master of ship Lady
McNaghten, 12.
payment to, for demurrage on ship Lady
McNaghten due to quarantine, 434,
435.
Hutchins (Hutchinson), Henry
captain of schooner Sir David Ogilby, 4S5,
494.
. murder of, by Fijians, 485 et seq.
Hygeia, ship
despatch per, 731, 734, 736, 73
740, 754, 755, 756, 759,
r38, 739,
Icely, Thomas
certificate by, re financial stability of Daw-
son, K., 137, 520.
Immigrants
advantage derived by, to Great Britain, 358.
allegations re, per ship William Nicholl, 214
et seq.
alterations in practice re, 30.
age limit for, 31, 33.
agents for procuring of —
expenses for, 34.
problems re, 34, 357.
appointment of charges for agent general
for, 357 et seq.
Immigrants
arrival of —
per ship Adam Lodge. 50.
per -hi]) Augusta Jessie, 128.
p( r ship John Barry, 50.
pi /■ ship Palmyra, 598.
pi r ship Parland, 599.
per >hij> William Rogers, 598.
ship Minerva with fever amongst, 2SS,
289.
assistance in obtaining, from poor law com-
missioners, 33.
bounties proposed for, 83.
of disease on ships with, 6S.
certified accounts to be submitted by sur-
geons on .ships with, 629.
checks proposed on purchases by surgeons in
charge of, 480.
claim by Mackay, J., for introduction of
Indian coolies as, 550.
complaint by, on ship St. George, 756
et seq.
conditions for —
appointment of clergy and schoolmasters
on ships with, 568.
payments of bounties on, 511.
departure proposed of ship with, from Yar-
mouth or Harwich, 99.
desire to supply demand lor labour with,
from Great Britain, 202, 204.
dietary on ships with, 31.
disapproval of settlement of, on land, 692.
disposal of, ex ship Midlothian, 506, 507,
508, 692.
effects probable of new system for encour-
agement of, on colonial finances, 53,
80 et seq.
estimates of number of, in 1837-8, 204.
free passages granted to, 30.
forms for lists of, 40.
functions of agent general for, 357.
funds for purposes of, 640 et seq.
gratuities to surgeons in charge of, 193,
406, 407, 438 et seq.
hospital accommodation on ships for, 449.
inability to supply demands for labour with,
401.
inquiry to be held re sickness amongst,
684.
instructions to surgeons on ships with, 33,
35, 36, 37 et seq.
limitation of number of, proposed on ships,
216, 219, 220.
loan proposed for encouragement of, 642.
method for correspondence of agent general
for, 211, 212, 290.
mortality amongst, on ship William Rogers,
683.
necessity for —
agent for, at Sydney, 203.
continuance of encouragement of, 642.
instructions re, 642.
notice issued in Great Britain for use of,
158, 159.
86 t
INDEX.
Immigrants
number of, required, 639.
objections to —
acceptance of promissory notes of, in
purchase of land, 516, 517.
bounties for single men as, 83.
government system for, 602.
opinion of executive council re gratuities
to surgeons on ships with, 406, 407.
passages proposed for clergy in ships with,
29.
problem of vaccination of, 449, 450.
progress in procuring labourers as, 205.
proposal for —
introduction of labourers from India as,
83, 202, 203, 204, 205.
shipment of, to Port Phillip, 599.
proposals re ship Midlothian with, from
Hebrides, 26, 27.
prospects of, in Tasmania, 112, 113.
qualifications required by surgeons on ships
with, 684.
quality of, per ship John Barry, 440, 441.
quarantine of, per ship John Barry, 50, 51,
67, 68, 91, 200 et seq.
recommendations by committee of legislative
council re system for, 83.
reduction in proportion of children amongst,
on ships proposed, 449.
reforms proposed in outfit of ships for, 215,
219.
refusal to allocate ship for, from Norfolk,
162, 163.
remission in purchase of land proposed for,
for expense of passage, 83.
report —
by legislative council re problems of, 639
et -seq.
re failure to fill ship with, from Norfolk,
160 et seq.
reports from agent general for, 26 et seq.
sailing of ship Brilliant with, from Heb-
rides, 112, 113.
salary for assistant to agent general for,
358.
ship —
to sail with, for Port Phillip, 724.
with, proposed from Bristol, 27, 28.
statement re funds available for, to be trans-
mitted, 80.
system recommended for encouragement of,
639.
transmission of returns of, 602.
Inches, Charles (surgeon, R.N.)
report by, re outbreak of fever on ship Lady
McNaghten, 12 et seq.
India
claim by Mackay, J., for introduction of
coolies from, 550.
objections to introduction of labourers from,
202, 203, 204, 205.
proposal for introduction of labourers from,
as immigrants, 83, 401, 679.
Inglis, Thomas
testimony by, in favour of Burnett, W., 263.
Innes, Archibald Clunes
evidence of, available re statements by
White, H. F., 375.
letter from, to White, H. F., 381.
Inquests
act of council re medical witnesses at, 774,
779.
practice re holding of, 366.
Invermein
clergyman required near, 245.
inability to hold inquiry at, 509.
inquiry ordered at, re encounter of mounted
police with aborigines, 396, 399.
Ireland
inferiority of equipment of transport ships
from, 425, 426.
Ironed grangs
Se
" Road gangs."
Irrawang*
pottery established by King, J., at, 528,.
531.
Irving1, Ii. T.
address of, to Victoria, H.M. Queen, 327.
Isabella, schooner
cost of publication of voyage of, 288.
report required re publication of voyage of,
287, 288.
sale of, 694.
transmission of report re publication of voy-
age of, 69S.
Isabella, ship
despatch per, 245, 255, 256, 261, 263, 260,
270, 271, 274, 275, 276, 288, 290,
305.
James, Henry
address of, to Victoria, H.M. Queen, 327.
James, John
costs of, in suit Harris v. Riddell, 65.
James, Fattison, ship
despatch per, 4, 5, 6, 8, 10, 22.
Jamison, Sir John
appointment of, as member of legislative
council, 132.
relationship of, to member of council, 192.
Jeffrey, Thomas
memorial from, soliciting land grant, 186.
refusal of land grant to, 446.
testimony in favour of, 185.
INDEX.
865
Jener, George
address of, to \
,M. Queen, 327.
Jenkins, George
reduction of sentence on, 227.
Jess, schooner
rescue ol Fijiai - by, 195, 196, 497.
Jessie, ship
despatch per, 327, 330, 832, 339, 341, 344,
848, 350, 354. 359, 3G1, 363, 365,
Jevers, Henry Norton
letter from, to Glenelg, lord, 450.
John Barry, ship
arrival of, 50, 230.
departure of, from Scotland with immi-
grants, 30.
despatch per, 626, 638, 646, 648, 649, 652,
656, 657, 659, 670.
mortality amongst immigrants per, 91, 199,
l seq.
quality of immigrants per, 440, 441.
quarantine of, for fever, 50. 51, 67, 68.
release of immigrants per, from quarantine,
91.
report by Thompson. D., re voyage of, 438,
439.
stowage of baggage on, 440, 441.
John Renwick, ship
despatch per 353, 356, 361, 383, 388.
Jones, Richard
commutation of death sentence on,
13.
Jones, Richard
land grant to, for improvement of sheep,
536.
Juries
act of council —
for extension of act for constitution of,
774.
re lists for, in district of Maitland, 775.
re provision for, at Melbourne and Port
Macquarie, 775.
Justice, administration of
alterations proposed in new bill for, 722
et seq., 738, 739.
Kane, Hannah
passenger per ship Lady McNaghten, 12.
Kelly, James
address of, to Victoria, H.M. Queen, 327.
Kelly, Richard
address o,\ to Victoria, H.M. Queen, 327.
See. I. Vol. XIX— 3 I
Kemp, Henry D.
memorial from, soliciting land grant, 267
et seq.
Kennedy, —
report transmitted re deceased estate of,
Kennedy, Daniel
claim by, re luggage, 13.
passenger per ship Lady McNaghten, 12.
Kenny, Catherine
approval of payment into savings bank for,
712.
Kenny, D.
receipt by, for chains re ship Lady Nugent,
232.
Kent, John
deputy assistant commissary-general at Nor-
folk island, 151.
Kent, Thomas
land grant to, for discovery of extract of
wattle bark, 536.
Kentish, Nathaniel Lipscomb
career of, 754.
petition-, received from, 754.
Keogh, Ann
report transmitted re, 228.
Kinchela, John
appointment of, as advising counsel for gov-
ernment, 613.
claim by Dillon, J., on, 586.
financial appointment proposed for, 46.
inability to appoint as puisne judge, 46,
188, 189.
objections in council to pension for, 600.
opinion of, re crown lands occupation act,
650.
opposition by council to pension for, 611.
regret at necessity for resignation of, 46.
King-, James
application by —
for grant in extension, 528.
for reward for discovery of sand, 529,
532 et seq.
for secondary land grant, 529 et seq.
claim by —
to additional land grant, 527.
to land grant in extension, 527.
to reward for discovery of sand for glass-
making, 528.
letter from, to Goderich, viscount, 531.
letter to, from Harington, T. C, 532.
memorial from, to Glenelg, lord, 528, 529
et seq.
opinions re value of discovery of sand for
glassmaking by, 535, 536.
pottery established by, 528, 531.
reward granted to, for discovery of sand,
532.
866
INDEX.
King-, Philip Parker (captain, R.N.)
refusal by Glenelg, lord, of correspondence
with, re legislative council, 557.
reply by Glenelg, lord, to claim of, to seat
in legislative council, 132, 192.
testimony from, in favour of Anderson, J.,
238.
transmission of letter from, re relations in
legislative council, 332.
King", Samuel
free pardon for, 712.
Kingdom, Henry
clerk in office of superintendent of convicts,
338.
Xingsmill, John
address of, to Victoria, H.M. Queen, 327.
Kinnear, —
testimony in favour of wife of, 227.
Kinnear, George
resignation of, as inspector of bank of Aus-
tralasia, 629.
Kinnear, John
report re proposed escape of, 711.
Kinnear, ship
despatch per, 513, 547.
Kinselagh, Patrick
report transmitted re, 228.
Knox, Ebenezer
judgment obtained by, against Harris, S. L.,
65.
Kuper, Augustus Leopold (lieut.,
R.N.)
appointment of, as magistrate and commis-
sioner of crown lands at Port Essing-
ton, 591.
Kurrajong
clergyman required at, 245.
Kiithe, Jean Henri
report re, 713.
Ziacourt, Honore
letter of introduction for, 25.
Laccnrt, Jean Baptiste
letter of introduction for, 25.
Iiadd, Jane
matron in hospital on voyage, 19.
passenger per ship Lady McNaghten, 12.
Lady McNaghten, ship
arrangement of berths on, 14.
cargo shipped on, 18.
causes of mortality on, 201.
Lady McNaghten, ship
claim for loss of trunk on, 275, 276.
criticism by Elliot, T. F., on reports re,
342 et seq.
expenditure on quarantine of, 11, 21.
passengers carried on, 15.
payment for demurrage on, due to quaran-
tine, 434, 435.
provisions issued on, 15, 16, 17.
report re outbreak of fever on, 11, 12 et seq.
supply of medicines on, 18.
Lady Nugent, ship
despatch per, 465, 479.
disposal of leg-irons and religious books ex,
573, 574.
Lake Macquarie
mission to natives established at, 9.
Lamb, John
approval of action of Bourke, Sir R., with,
185.
refusal —
of correspondence with, by Bourke, Sir
R., 184, 185.
to reinstate, in commission of peace, 130.
regret by Glenelg, lord, at withdrawal of
assigned servant from, 184.
reply by Glenelg, lord, to letter received
from, 184.
Land
absence of necessity for minimum price of,
77.
act of council for restraint of unauthorised
occupation of, 72.
character of, in possession of crown, 78.
concessions in purchase of —
to army medical officers, 428.
to discharged soldiers, 549.
to naval and military officers, 432.
delay to new settlers in acquisition of, 66,
428, 429.
effect of —
appropriation of revenues from, to immi-
gration, 81.
competition on price of, 77.
fictitious bidding alleged at sales of, 66,
67, 430.
increase of deposit at auction of, proposed,
431.
instructions —
for raising minimum price of, 537, 538.
re appropriation of revenue from, 558,
559.
necessity for sale of, by public auction, 432.
object of disposal of, by sale, 537.
objections —
by Fowler, D. A., to public sales of, 66,
428 et seq.
to acceptance of promissory notes of
immigrants in purchase of, 516, 517.
to raising minimum price of, 78, 79.
INDEX.
867
Land
opinion of judges re illegality of -ale of,
without parliamentary sanction, 651,
opposition to —
new settlers in purchase of, 66, G7, 429,
430.
vesting in ordnance officers of, for mili-
tary purposes, 592, 593, 596.
oiilcr r, >ale of, 526.
practice re Bale of, by auction, 429.
problems re minimum price of, 76 et v<-'/.
proposal ior abolition of limits for location
of, 67, 430.
protest by judges re act for prevention of
unauthorised occupation of, 649
et seq.
purchases of, by old settlers, 429.
reasons for raising minimum price of, 537,
reforms proposed bv Fowler, D. A., in sale
Of, 67.
regulation- re payments on purchase of, 79.
results experienced at auction sales of, 77.
sale of —
before survey, 430.
one section of, at minimum price pro-
posed, 431.
to be held at Port Phillip, 65S.
Land grants
act of council to be passed re validity of,
alter demise of H.M. William IV,
447.
claims expected from civilians for secondary,
144, 145.
concessions to military settlers inapplicable
to secondary, 144.
former practice re, to officials, 258, 267,
26S.
gifts of, for public services, 536.
intentions re claims for additional, 527.
necessity for limitation of time for applica-
tions for, 235.
notice re abolition of, 526.
orders re, 3S8.
practice re, to clergy, 239.
problem of validity of deeds for, after de-
mise of H.M. William IV, 235, 236.
proposal for, equivalent in value to passage
money of immigrants, 431.
regulation re, in extension, 243.
regulations re secondary, 349, 415, 416.
land revenue
appropriation of —
at Port Phillip for purposes of immigra-
tion, 658.
for purposes of immigration, 641.
claim by legislative council to appropriation
of, 643, 645.
cost of collection of, 646.
Land revenue
expenditure from — -
on aborigines, 644.
on administration at Port Phillip, 644.
on special payments, 644, 645.
maintenance by Gipps, Sir G., of rights of
crown to, 644.
necessity for decision re appropriation of,
723.
problems re appropriation of, 640 et seq.
return required of, at Port Phillip, 658.
Land-well, Edward
judgment obtained by,
S. L., 65.
against Harris,
Lane cove
land claimed by Henry, W., at, 621 et seq-
Lang, Andrew
immigrants ex ship Midlothian settled on
estate of, 507.
Lang, Reverend John Dunmore
application by, re bounties on immigrants
per ship Minerva, 56, 57.
decision by committee of general assembly
re schism in Presbyterian church
caused by, 714 et seq.
denial by, of separation from Presbyterian
church, 40l, 443.
departure of, for England, 755.
formation of synod by, 442.
immigrants introduced by, in ship Mid-
lothian', 507.
leave of absence granted to, 443, 755.
letter from, to Grey, Sir G., 8, 56.
letter to, from Grey, Sir G., 265.
memorial from presbytery re action of, 274.
missionaries to natives procured by, from
Lutheran church, 8 et seq.
negotiations with, re immigrants per ship
Midlothian, 692.
payment of salary to, after disunion in
church, 275.
record of assembly's commission re action
of, 571 et seq.
refusal —
by, to recognise presbytery, 442, 443.
of half salary for, during leave of absence,
756.
request by McGarvie, Revd. J., for caution
in acceptance of statements from,
444.
resolutions by general assembly's committee
re action of, 570, 571.
salary of, to be withheld, 570.
undertaking given by schoolmasters guaran-
teed by, 6.
Larpent, F. S.
letter from, to treasury, commissioners of,
103, 384, 563, 729, 782.
868
INDEX.
La Trobe, Charles J.
allowance to, for passage and outfit, 786.
appointment of, as superintendent at Port
Phillip, 785, 786.
instructions to be given to, 786.
letter to, from Grey, Sir G., 786.
salary and allowances for, 7S6.
La Venus, Trench frigate
■ visit of —
to New Zealand, 700.
to Sydney, 709.
to Tahiti, 709.
departure of, from Sydney, 710.
Lawrence, — (surgeon, B.N.)
employment of, in quarantine of ship Wil-
liam Rogers, 683.
Leach, Mrs. —
allowance of passage money to, 7.
appointment of, as matron at female fac-
tory, 6.
charges against, by Clapham, J., 405.
criticism of instructions to, 92.
dispute of, with Clapham, J., 321, 406, 471.
duties and salary of, 7.
removal of, as matron, 589.
resignation of, proposed, 471.
testimony in favour of, 7, 405.
Leary, John
free pardon for, 227.
Ledsam, Jeremiah
passenger per ship Lady McNaghten, 12.
schoolmaster on voyage, 16.
Lee, Mary Ann
address of, to Victoria, H.M. Queen, 327.
Le Souif, Charles Henry
proposal for appointment of, as landing and
tide surveyor at Port Phillip, 759,
760.
Letitia, ship
losses by passengers through wreck of, 1, 2,
Levien, Alfred
address of, to Victoria, H.M. Queen, 327.
Lewis, Charles Morgan
approval of grant to, for rescue of sur-
vivors from barque Charles Eaton,
209.
arrangements re half salary for, 694.
gratuity possibly due to, 694, 695.
leave of absence granted to, 694.
reasons for non-proposal to council of grant
to, 592.
report required re publication of voyage of,
287, 288.
Lewis, H. George
address of, to Victoria, H.M. Queen, 327.
Lewis, John
address of, to Victoria, H.M. Queen, 327.
Lewis, Mortimer William (architect)
supervision of public buildings by, 481.
L'Heroine, Trench corvette
advance to captain of, 313, 515.
arrival of, 313.
objects of voyage of, 313.
Lillie, Reverend —
stipend for, as Presbyterian minister at
Hobart town, 265.
Lindesay, Patrick (acting governor)
full salary drawn by, as acting governor,
325.
letter from, to Lithgow, W., 326.
letter to, from Lithgow, W., 326.
query by Lithgow, W., re payment of full
salary to, 326.
reasons of, for payment of full salary, 326,
327.
Linforth, John
indulgence for, 712.
report re, 713.
Lipscomb, William
address of, to Victoria, H.M. Queen, 327.
Lithgow, William
letter from —
to Lindesay, P., 326.
to Snodgrass, J., 325.
letter to, from Lindesay, P., 326.
query by, re payment of full salary to acting
governor and private secretary, 326.
Live stock
prevalence of catarrh amongst sheep, 601.
values of, 137.
Lloyd, Cr.
addTess of, to Victoria, H.M. Queen, 327.
Lockyer, Edmund
application by, for secondary land grant,
143, 145.
letter from, to Thomson, E. D., 145.
letter to, from Thomson, E. D., 146.
reference of. application from, to secretary
of state, 146.
refusal of secondary land grant for, 143.
London, Robert H.
affidavit by, 493.
charge of schooner Sir David Ogilby as-
sumed by, 485.
trading master on brig Mermaid, 485.
INDEX.
Long- Jack, aboriginal
approval of commutation of death sentence
on, 227.
recommendation for commutation of death
sentence on, 228.
Lord Lynedock (Lyndock), ship
arrival of, with scurvy amongst convicts,
547.
despatch per, 227, 342, 346, 348.
transmission of report re outbreak of scurvy
on, 591.
Iiovat, Reverend Charles
address from —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, II. M. Queen, 330.
allowance of passage ninii,;, to, 213.
Iiovell, Richard
free pardon for, 711.
Iiovell, Uriah
free pardon for, 711.
Iiowe, Thomas
commutation of death sentence on, 713.
Ludwig, John
address of, to Victoria, H.M. Queen, 327.
lunatic asylum
appointment of steward and matron for,
142.
charges for patients in, 142. 143.
expenditure on patients in, 610.
progress in erection of, 552.
proposals /c management of, 143.
Lutheran church
act re temporal affairs of, 776.
appointment of ministers of, as missionaries
to natives, 8 et seq.
Luttrell, H. P.
letter from, to treasury, commissioners of,
103, 3S4, 563, 729, 782.
Lynch (Linch) Richard
criticism of claims of, to land grant, 70.
memorial from, claiming land grant, 69.
refusal of land grant for, 558.
report by Gipps, Sir G., re claims of, 341.
Lynch, Reverend John
appointment of, as R.C. clergyman, 223.
Lynch, Thomas
address of, .to Victoria, H.M. Queen, 327.
Macarthur, John (captain, royal
marines)
appointment of, as magistrate and commis-
sioner of crown lands at Port Essing-
ton, 591.
Macarthur, John
land grant to, for improvement of sheep,
536.
Macarthur, Peter
application by, tor land grant, 62.
memorial received by Cdenelg, lord, from,
65.
refusal of land grant for, 66.
Macarthur, William
testimony from, in favour of Anderson, J.,
238.
MacDonald, J.
memorial from, soliciting land gran<t, 267
ct sr<j.
Macdonald, John
arrangements with, re passages for self and
family, 75S, 759.
ineligibility of, as immigrant per ship St.
George, 756, 757.
letter to —
from Boyter, D., 758.
from Macdonald, M. N., 758.
Macdonald, M. N".
litter from, to Macdonald, J., 758.
Macdonnell, Thomas (lieut., R.N.)
report by, re restoration of peace amongst
Maoris, 90.
Macfarlan, Reverend Principal D.
letter from —
to Glenelg, lord, 713.
to Grey, Sir G., 23, 568, 570.
letter to, from Grey, Sir G., 264, 265, 569,
6S3, 718.
Maclntyre, Peter
agent for Macqueen, T. P., 541.
allegations by Dangar, H., re, 69.
Mackay, George
address of, to Victoria, H.M. Queen, 327.
Mackay, J.
claim by, for bounty on introduction of
Indian coolies, 550.
Mackillop, George
petitions received from, by Glenelg, lord,
22. 243, 244, 447, 656.
trai;smtV>ion of letter from, 389.
Mackrell, Thomas
free pardon for, 711.
Macleay, Alexander (colonial secre-
tary)
compensation —
claimed by, 606.
proposed by council for, vice pension, 612.
870
INDEX.
Macleay, Alexander (colonial secre-
tary)
letter from —
to Dawson, R. B., 136, 138.
to Harrison, J. S., 270.
to Morisset, J. T., 178, 179.
to Uther, R., 243.
letter to—
from Dawson, R. B., 135, 136, 137, 519.
from Duguid, L., 281.
from Henry, W., 622.
from Miller, W., 556.
from Mitchell, T. L.. 281.
from Perry, S. A., 624.
from Webber, J. P., 283, 284, 285.
from Wentworth, G., 546.
objections by council to pension for, 611,
612.
pension for, 606.
recognition of services of, 606, 607.
resignation of, 607.
statements by Bourke, Sir R., re, 606.
testimony from, in favour of Anderson, J.,
238.
transmission of papers from, 365.
Macleay, George
testimony from, in favour of Anderson, J.,
238.
Maconochie, Alexander (captain,
R.N.)
transmission of proposals from, re civilisa-
tion of aborigines, 196.
Macpherson, "William
appointment of, to charge of clergy and
school estates, 195.
disapproval of appointment of, to charge of
clergy and school estates, 437.
report by, re outbreak of fever on ship Lady
McNaghten, 12 et seq.
Macqueen, Thomas Potter
invalidity of claim of, to secondary land
grant, 540.
land granted to, 540.
memorial from, soliciting secondary land
grant, 541 et seq.
Macquoid, Thomas (sheriff)
letter from, to Gipps, Sir G., 339.
protest by, re omission of sheriff from table
of precedence, 339 et seq., 561.
Magistrates
return of floggings ordered by, 654.
Mag-ner, Michael
address of, to Victoria, H.M. Queen, 327.
Maitland
act re jury lists for district of, 775.
address from inhabitants at, to Victoria,
H.M. Queen, 327 et seq., 550.
allotments to soldiers granted at, 634 et seq.
Maitland
appointment of police magistrate at, 115.
extension of police act to, 775.
iron bridge proposed over creek at, 190,
191.
money subscribed at, for defence of mur-
derers of aborigines, 704.
R.C. chaplain stationed at, 362.
Maitland, ship
despatch per, 407, 410, 417, 419, 420, 421,
422, 424, 426, 428, 432, 434, 437,
438, 445, 446, 447, 448, 450, 451,
454, 456.
quarantine of, with immigrants, for scarlet
fever, 684.
release of immigrants per, from quarantine,
767.
Maitland, west
appointment of clergyman at, 245.
Mallon, Patrick N".
address of, to Victoria, H.M. Queen, 327.
Manning", John Edye
appointment of, as registrar of supreme
court and curator of intestate estates,
473.
balances of intestate estates in hands of,
474.
conditions of appointment of, 473.
denial of claims of, by Glenelg, lord, 728.
letter from, to judges, 473.
protest by, re rule of court for deposit of
funds of intestate estates in savings
bank, 472, 474 et seq.
security required from, 473, 474.
Manning, "William Montagu
appointment of, as chairman of quarter ses-
sions, 116.
Maria, ship
despatch per, 214, 223, 225, 226, 227, 229,
230, 234, 247, 250, 251, 252, 263,
272.
Marine, colonial
adjustment of charges for, 193, 194.
employment of vessels of, 193.
instructions re charge for, 579.
Marinus, ship
despatch per. 516, 517, 521, 527, 540, 544.
545, 548, 550, 552, 554, 556, 564,
565, 567, 573, 578, 579, 580, 582,
586, 589, 591, 592, 594, 597, 593,
599, 600, 602, 603.
Market values
of live stock, 137.
Marshall, Charles
transmission of letter from, requesting em-
ployment, 632.
INDEX.
871
Marshall, E.
letter from, to Stephen* J., 549.
Marshall, John
deposition i>.\. re attack by Fijians on
schooner Sir David Ogilby, 4S6, 487,
488.
Marshall, John
affreighter of ship Lady McNaghten, 12.
provisions on ship Lady McNaghten ex-
amined by, 19.
Martin, Alexander (lieut., R.N.)
memorial from, soliciting land grant, 345,
346.
details re claim- of, to land grant, 344. 345.
refusal of land granl for, 557.
Marulan
clergyman required at. 245.
Marum, Reverend A.
appointment of, as R.C. clergyman, 420.
Mathew, Felton
criticism of claim of, to land grant, 44.").
446.
memorial from, soliciting land grant, ISO,
refusal of land grant to, 446.
testimony in favour of, 180.
town surveyor, 180, 181.
Maule, P.
letter from, to Stephen, J., 674.
Mayo, John
address of, to Victoria. H.M. Queen, 327.
McConnell, Thomas
report re trial of, by Burton, W. W., 89.
restoration of pension recommended to, 89.
McCullum, James
approval of commutation of death sentence
on, 711.
recommendation for commutation of death
sentence on, 228.
McCullum (McCallum), Thomas
deposition by. re attack by Fijians on
schooner Sir David Ogilby, 491, 492.
McCurdy, J. W.
address of. to Victoria, H.M. Queen. 327.
McDonald's river
clergyman required at, 245.
McDowell, R. J.
address of, to Victoria, H.M. Queen, 327.
McEachern, James
undertaking given by, re passage money as
schoolmaster, 6.
McEachern, Robert
undertaking given by, re passage money as
schoolmaster, 6.
McEncroe, Reverend J.
address from — -
to Adelaide. H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
appointment <>t. a- chaplain at Norfolk
island, 686, 687.
McGarvie, Reverend John
arrival of, in colony, 238.
assistance to Presbyterian church acknow-
ledged by, 201, 444.
caution requested by, in acceptance of state-
raents from dissenting clergy, 444.
letter from, to Glerelg, lord, 444.
memorial from, soliciting land grant, 238
et seq.
moderator of Presbyterian church, 445.
refusal of land grant for, 465.
services of, a- clergyman, 239.
McGregor (McGrigor), Sir James
letter from, to Stephen, J., 41, 100.
letter to, from Stephen, J.. 43, 102.
Mclntyre, Reverend W.
immigrants ex ship Midlothian settled
under, in di>trict of Hunter river,
507.
McLean, —
complaints by immigrant- re, 756, 757, 753.
surgeon on ship St. George, 756.
McLean, John Iieyburn
letter from —
to Gipps, Sir G., 675.
to Thomson, E. D., 655.
letter to, from Ryan, T., 676.
proposal by —
for increase of salary for Ryan, T., 675,
676.
re returns for house of commons, 655.
McMillan, John
report required re delay in granting pardon
to 711.
McNamara, John
compensation to, for losses in wreck of ship
Letitia, 2.
McQueen, John
judgment obtained by, against Harris, S. L.,
Mechanics' school of arts at Sydney
extract from lecture at opening of, 536.
vice-president of, 531.
Medical department
administration of, according to army
medical regulations, 539.
compliance with requisition for medicines
and stores for, 276.
economy not effected by reorganisation of,
395.
872
INDEX.
Medical department
incapacity of Thompson, J. V., to re-
organise, 391.
instructions —
re establishment of, 100 et seq.
re treatment of pauper patients by, 103
et seq., 247 et seq.
necessity for —
appointment of army surgeons in, 184.
storehouse for, 42.
objections to retiring allowances for colonial
surgeons in, 539.
obstructions by colonial surgeons to re-
organisation of, 41, 42.
problem of retiring allowances to officers of,
393.
proposal for appointment of army surgeons
to, 43, 394.
retiring allowances proposed for colonial
surgeons in, 183.
return required of seamen and marines
treated by, 689.
system proposal by Bourke, Sir R., for ad-
ministration of, 762 et seq.
transmission of letter of complaint and re-
signation from officers of, 391, 686,
761.
unsatisfactory condition of, 391.
Meelian, Roger
passenger per ship Lady McNaghten, 12.
rations issued by, on voyage, 17.
Mein, John S.
address of, to Victoria, H.M. Queen, 327.
Melbourne
act re trial by jury at, 775.
application by Batman, J., for permission to
purchase land at, 553, 554.
appointment of collector of customs pro-
pped at, 90.
collector of customs at, to act as treasurer,
01.
customs establishment required at, 91.
establishment of overland mail to, 290.
mounted police detailed for duty at, 290,
291.
road to be marked to, 291.
Mermaid, brig"
assistance given by master of, to crew of
schooner Sir David Ogilby, 485, 493.
Meteorology
instructions for taking of observations in,
687, 688.
Midlothian, ship
dissatisfaction at disposal of immigrants ex,
506, 507, 508.
negotiations of Lang, Revd. J. D., re immi-
grants per, 692.
proposed sailing of, 32.
surgeon proposed for, on voyage with immi-
grants from Hebrides, 26, 27, 32.
Military-
advantage of supervision of convicts by, 188.
application of concessions on land to officers
of, retiring in colony, 144.
appointment of senior officer of, as executive
councillor, 306.
charge for removal of, when convicts, 109,
110.
concessions to —
medical officers of, in purchase of land,
428.
officers of, inapplicable to secondary land
grants, 144.
cost of conveyance of, by sea, 193, 194.
detachment of, required for settlement in
north Australia, 96, 337.
effect of sale of commissions by officers, 145.
employment of, as mounted police, 585,
586.
form for return of civil allowances to
medical officers of, 479.
instructions —
re employment of, as mounted police, 584
et seq.
re repairs to barracks for, 207 et seq.
loss of revenue by drawback on rum issued
to, 771, 772.
method for reduction of, on employment of
sappers and miners, 336.
necessity for —
appointment of surgeons from, to medical
department, 184.
reinforcements of, 96, 187.
precedency of senior officer of, 476.
proposal for —
detachments of, on overland route to Port
Phillip, 510.
in New Zealand, 85.
salaries voted for overseers from, for con-
victs, 40.
Military chest
advance by English treasury to colonial
agent to be refunded to, 51, 52, 250,
383, 437, 456, 566, 605, 648, 669,
768.
instructions re method for issues from, 725.
payments from, to clergy, 657.
refund made to, 307, 469.
Miller, Henry
deposition by, re attack by Fijians on
schooner Sir David Ogilby, 493, 494.
Miller, William (dep. commissary-
g-enl.)
letter from —
to Macleay, A., 556.
to secretary of treasury, 725.
to Thomson, E. D., 618, 620.
letter to, from Thomson, E. D., 556, 618,
726.
INDEX.
873
Milligan, —
allowance for passage oi, as Presbyterian
schoolmaster, 682, 6S3.
Millson, Henry
S " Herring, Henry."
Milne, Alexander
report required re, 71 1.
Minerva, ship
application h\ Lang, Revd. J. D., re
bounties on immigrants per, .56, 57.
arrival of, with fever amongst immigrants,
spatch per, 111). Ill, 413, 410, 420, 4 25.
reports re quarantine of, 2SS, 289.
iths amongst immigrants per,
2S9.
Mitchell, Francis
judgment obtained by, against Harris, s. L.,
65.
Mitchell, H.
address of, to Victoria, H.M. Queen, 327.
Mitchell, James (colonial surgeon)
dismissal of, 117.
letter from, to Glenelg, lord, 117.
libel action brought by, against Thompson,
J. V., 392, 393.
papers received 1>.\ Glenelg, lord, from, 567.
refusal by Glenelg, lord, to reverse decision
of Bourke, Sir R., re, 567.
rupture between Thompson, J. V., ami, 392.
statement to be submitted by, 117.
transmission oi statement by, 271.
Mitchell, Thomas Livingston (sur-
veyor-general)
approval —
of conclusions by council re conduct of,
towards natives, 4 9.
of instructions given to, re natives on ex-
ploration, 47.
of procedure re inquiry into encounter of,
with natives. 47.
of services of, in exploration, 43.
extension of leave of absence for, 505.
legal opinion re attack on natives by expedi-
tion under, 390.
legal opinion to be taken re encounter of,
with natives, 49.
letter from —
to Macleay, A., 281.
to Webber, J. P., 285.
reductance of Bourke, Sir R., to hold in-
quiry re encounter of with natives,
47.
MoncrieSf, George P. (colonial sur-
geon)
certificate by, re health of White, H. F.,
370.
evidence of, available re statements by
White, H. F., 375.
statements by, re employment of iron gang
by Gray, W. X., 379.
Monds or Mounds, James
approval of decision re, 711.
denial of claim of, to wrongful conviction,
228.
Monies, W. B., junr.
address of, to Victoria, H.M. Queen, 327.
Montagu, John (colonial secretary,
Tas.)
letter from, to Arthur, J., 104, 249, 250.
Montgomery, Frederick Campbell
report by, re charges by immigrants per
ship St. George, 757, 75S.
Moor, W. William
address of, to Victoria, H.M. Queen, 327.
Moore, Francis
appointment of, as crown prosecutor, 734.
Moore, Thomas
compensation proposed for, 80.
transmission of memorial from, re claim for
compensation, 79.
Moore, Thomas
compensation proposed for, for liability
incurred in administration of estate
of Rowley, T., 421, 422.
Moreton bay
act of council for remission of sentences on
convicts at, 7 75.
annual cost of convict at, 154.
convicts at, 150.
cost of conveying convicts, etc., to, 193,
194.
expenditure and revenue at, 154.
improvement of conditions at, 150.
necessity for mission to natives at, 9, 10.
problems in opening of, to settlement, 151.
reasons for —
delay in removal of penal settlement from,
151.
reduction of penal settlement at, 150.
value of maize exported from, 154.
Morgan, Hugh
release of, 22S.
Morgan, John Thomas
refusal to mitigate sentence on, 227.
Morgan, William
agent for Walkinshaw, E., 516.
application by —
for permission to purchase land with pro-
missory notes of immigrants, 516.
for remission of quit rent, 516.
Morisset, James Thomas (lieut.-
colonel)
cancellation of orders for, for land grant,
179.
conditions for land grant to, 179.
criticism of claims of, to land grant, 44.5.
874
INDEX
(lieut.
Morisset, James Thomas
colonel)
land — ■
grant ordered for, 176, 178, 179.
selected by, 176.
letter to, from Macleay, A., 178, 179.
memorial from, soliciting land grant, 175
et seq.
refusal of land grant for, 179, 445.
remission in purchase money on land for,
175.
request by, for land grant, 175.
services of, in colony, 175, 176, 177.
status of, as commandant at Norfolk island,
177.
testimony in favour of, 175.
Morse, Reverend John
appointment of, as C. of E. clergyman, 693.
Moss, Simeon
address of, to Victoria, H.M. Queen, 327.
Moulin, J. H. du (surgeon, 50th regt.)
reports by, re quarantine of immigrants per
ship Minerva, 288, 289.
Mounted police
approval of estimates for expenditure on,
312, 480.
command of, by Snodgrass, K., 680.
detachment of, for service at Port Phillip,
290, 291, 508.
employment of military as, 585, 586.
encounter of, under Nunn, J. W., with
aborigines, 396, 397, 399.
expenditure on, 610.
inquiry ordered re encounter of, with abori-
gines, 396, 399.
instructions —
re employment of military as, 5S4 et seq.
re repairs to barracks for, 119, 120.
requisition for arms and equipment for, 630.
Mowle, E. B.
statement by, re finances of Dawson, R., 520.
Mudgee
clergyman required at, 245.
Muir, Reverend William
letter from, to Glenelg, lord, 571, 689.
Mulgoa
clergyman required at, 245.
Mulholland, —
allowance to, for passage and outfit as R.C.
schoolmaster, 708.
Mullins, Edward
passenger per ship Lady McNaghten, 12.
rations issued by, on voyage, 17.
Municipalities
proposal for establishment of, 724.
Murphy, Michael
address of, to Victori
H.M. Queen, 327
Murphy, Reverend Francis
appointment of, as R.C. clergyman, 223.
Murray, Andrew
appointments offered to, 452.
minute of executive council re refusal of
gratuity to, 453, 454.
refusal of gratuity to. on reduction, 452,.
646.
Murray, Bernard
report re sentence on, 711.
request for particulars of sentence on, 228.
Murray, J.
transmission of pamphlet on silk-worm byr
421.
Murray, John
refusal of land grant for, 695.
report required re application from, for land
grant, 196.
tentative refusal of land grant for, 503.
transmission of memorial from, 503.
Murray river
military post proposed at, 510.
Museum, Australian
committee of, 238.
Muswellbrook
appointment of police magistrate at, 115.
Myall creek
confession of guilt by murderers of abori-
gines at, 739.
massacre of aborigines at, 701 et seq.
Naghten, Hugh
report re, 713.
testimony in favour of, 227.
Necker, James
address of, to Victoria, H.M. Queen, 327.
Neptune, ship
de-patch per, 23.
Netherlands, king of
interpretation of treaty with, re reciprocity
in trade, 346, 347.
prohibition of produce from possessions of,
578.
Neva, ship
request for indent of convicts per, 390.
transmission of indent of convicts per, 227.
Neville, Charles L.
claim by, for compensation for loss of office,
97.
instructions for appointment of, to vacancy
in customs department, 426.
INDEX.
ID-
New South Wales bill
act for continuance of, 71, 551.
proposals bj Gipps, Sir G., re statute in
substitution of, 719 e t seq.
reasons for delay in passing new statute in
place of, 71.
New Town
i - man required at, 24.5.
New Zealand
of Hi it Mi resident in, 690.
apprehension re French settlement in, 642,
643, 700.
British consul to be appointed in. 690.
claims bj Macdonnell, T., re restoration of
peace in, 90.
inabilit) to preven<( intercourse with, 85.
intentions of —
Pompallier, bishop, in, 700.
Therry. ('. de, in, 86.
murder of merchant captain by Maoris in,
603.
objections to refusal of protection for British
subjects in, 85.
proposal —
for establishment of factories in, 84.
to quarter British troops in, So.
report re —
by Bourke, Sir R., 84 et seq.
by Busby, J., 85.
by Hobeon, W., 84.
trial and execution of Maori at, for mur-
der, 602, 736, 737.
restoration of peace amongst Maoris in, 85,
-7. 90.
services of Hobson, W., in, 87.
ships of war to visit, 690, 691.
visit of frigate La Venus to, 700.
withdrawal suggested of British resident
from, 85.
Newcastle
purchase of land for barracks at, 595.
Newcombe, G. W.
claim by, to increase of salary, 270, 271.
memorial from, soliciting land grant, 267
et seq.
salary for, 553.
Newton, David
address of, to Victoria, H.M. Queen, 327.
Nicholl, Charles
address of, to Victoria, H.M. Queen, 327.
Nicholson, John
refusal of application from, re half pay, 310.
report by, re charges by immigrants per
ship St. George, 757, 758.
request by, for restoration of half pay, 98.
Nig'ue, Peter
appointment of, as assistant to mission to
natives, 9.
Nimrod, brig
departure of Thierry, C. de, for New Zea-
land in, 133.
Nind, Isaac Scott
application by, for land grant. 457, 458.
from, to Gipps, Sir G., 457.
previous decisions re claims of, to land
, 420.
applications from, 632.
report required re application from, for
land, 196.
statement re claim of, to land grant. 420.
Nixon, Ralph
confinement of, as criminal lunatic, 462.
instructions for confinement of, as criminal
lunatic, 227.
Nixon, William
conditional pardon for, 711.
report re omission to transmit pardon forr
22-.
Norfolk (England)
refusal to allocate ship for emigrants from,
162, 163,
report re failure to fill ship with emigrants
from. 160 et seq.
Norfolk island
act of council for remission of sentences on
convicts at, 775.
abolition of penal settlement at, dependent
on disposal of convicts, 153.
animal cost of convict at, 154.
appointment of R.C. chaplain for, 110.
capabilities of, as penal settlement, 154.
chaplain to be procured for, 174.
chaplains of R.C. church sent to, 686, 6S7.
cost of conveyance of convicts, etc., to, 193,
194.
disallowance of charge for robes of chaplain
at, 229, 230.
effect of banishment to, in preventing crime,
152.
expenditure at d revenue at, 154.
finances of, 154.
improvement in conduct of convicts at. 152.
inability to remedy defects in convict sys-
tem at, 152.
location of R.C. catechist at. 362.
necessity for R.C. chaplain at, 362, 560.
proposal for reduction in number of con-
victs sent to, 153.
reports — -
re penal settlement at, 151.
required re, 174.
value of wheat and flour exported from,
154.
want of moral effect on convicts of banish-
ment to, 151.
Norris, James
address of. to Victoria, H.M. Queen, 327.
S76
INDEX.
North Briton, ship
despatch per, 133, 141, 143, 146, 148, 150,
155, 156, 165, 174, 180, 181, 183,
185, 186, 187, 189, 190, 191, 193,
194, 195, 228, 230, 233, 235, 236.
Norton, J.
legal costs of, in suit Harris v. Riddell, 65.
Norton, Weeks
address of, to Victoria, H.M. Queen, 327.
Nowlan, Timothy
address of, to Victoria, H.M. Queen, 327.
Nunn, James Winniett (major)
encounter between aborigines and mounted
police under, 396, 397, 399, 510.
inquiry ordered re encounter of, with abori-
gines, 396, 399.
Oaks
clergyman required at, 245.
O'Brien, Mrs.
allowance for passage of, as schoolmistress,
517.
Olhrecht, August
appointment of, as assistant to mission to
natives, 9.
Ongre, John
compensation to, for losses in wreck of ship
Letitia, 2.
Order-in-council
re alteration in royal arms, 73.
Ordnance department
colonial store department to be under con-
trol of, 206, 207, 627, 628.
instructions —
re control of lieut. -governor in Tasmania
over officers of, 407 et seq.
re expenditure and payments for services
of, 120 et seq.
letter to secretary of, from Baring, F., 208.
opposition to vesting of military lands in
officers of, 592, 593, 596.
report required re, 558, 559.
supply of convict mechanics for, 409, 410.
Orontes, ship
employment of, to convey stores to Port
Essington, 589.
despatch per, 160.
report by Elliot, T. F., re purchases for
immigrants on, at Cape of Good
Hope, 466, 467.
Oshorn, J.
letter from, to treasury, commissioners of,
729.
Osborne, Alick (surgeon, B.N.)
provisions on ship Lady McXaghten ex-
amined by, 19.
surgeon on ship Adam Lodyc, 30.
Ovens, river
military post proposed at, 510.
Owen, H. D.
judgment obtained by, against Harris, S. L.,
65.
Palmer, G. T., junr.
address of, to Victoria, H.M. Queen, 327.
Palmyra, ship
arrival of, with scarlet fever amongst immi-
grants, 598.
quarantine of, 598, 599.
Park, Alexander (Allan)
claim by, to additional land grant, 349.
letter from, to Glenelg, lord, 349.
refusal of land grant for, 565.
schedule of improvements by, on primary
land grant, 350.
Park, Edwin
application by, for land grant, 577.
certificate re capital of, 387.
criticism of claims of, to laud giant, 3S5,
3S6.
memorial from, soliciting land grant, 386,
387.
refusal of land grant for, 648.
Parker, —
appointment of, as assistant protector of
aborigines, 254.
Parker, H. W.
letter from, to Elliot,
F., 162.
Parker, W. S.
certificate by, re survey by White, H. F.,
370.
report required re claim of, to land grant,
712.
Parland, ship
arrival of, with immigrants, 599.
Parry, C. W. Edward
report by, re steam vessel required for gov-
ernment, 455, 456.
Partridge, S.
letter from, to Gray, W. N., 370.
statement by, re conversation with White,
H. F., 370, 371.
Paterson
clergyman required at, 245.
INDEX.
877
Patrick's plains
clergj man required at, 245.
Pellatt and Co.
report by, r< value of Band di>covered by
King, J., 535.
Felorus, H.M. sloop
report from commander of, re murder in
Now Zealand waters, 003.
Penal settlement
annual cosl of convict at, 1 54.
finances of, 154.
problems of, i 50 et seq.
proposed abolition of, at Norfolk i-lar.d,
L53.
reasons for delay in removal of, at Moreton
151.
Perry, Samuel Augustus (dep. sur-
veyor-general)
letter from —
to Macleay, A.. 624.
to Thomson, E. D., 377, 752.
letter to —
from Gray, W. N., 368.
from White, H. F., 36S, 378.
by —
re improvements made by Henry, W., 624.
re proposed exchange of land with A. A.
company, 752.
Peterson, John
deposition by. re attack by Fijians on
schooner Sir David OgUby, 490, 491.
Fhillipps, S. M.
letter from —
to Spearman, A. Y., 314.
to Stephen, J., 113, 729.
Pike (Piake), —
delivery of French judiciary act to, 4.
Pilcher, Henry Incledon
address of, to Victoria, H.M. Queen, 327.
refusal of additional land grant to, 544.
Pinnock, James Denham
appointment of, as agent for emigration,
513.
approval of, as agent for immgration, 773.
arrival of, at Sydney, 513.
desire of, to settle in colony, 205.
proposal for appointment as agent for immi-
grants at Sydney, 206.
report by, re charges by immigrants per
ship St. George, 757, 758.
Planter, ship
despatch per. 599, 604, 605, 606, 614, 629,
631, 632.
Platina, convict ship
arrival of, at Cape of Good Hope, 215.
Plunkett, John Hubert (attorney-
general)
application by. for leave of ab>ence, 710
711.
letter from —
to GippS, Sir G., 741.
to Thomson, E. D., 710.
opinion of —
r< crown land- occupation act, 650.
re necessity tor crown prosecutor, 732,
733.
new form of government, 402.
r< punitive measures against Fiji.;
attack on schooner Sir David Ogilby,
494, 495.
report by. re fire imposed on Catterall, J.,
for contempt of court, 741 et seq.
Plunkett, F. (captain, 80th regt.)
appointmenl of. a- police magistrate, 117.
Folding, right reverend John Bede
(R.C. taishop)
address from —
to Adelaide. H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
explanation by, re location of R.C. clergy,
362.
letter from, to Thomson, E. D., 362.
libel action proposed by Willis, J. W.,
against, 587.
opinions of, re effect on convicts of banish-
ment to Norfolk island, 151, 152.
transmission of papers from, on statements
by Willis, J. W., re R.C. church, 5S6
et seq.
Police
approval of estimates for expenditure on
barracks for, 312.
correspondence with English treasury re ex-
penditure on, 614, 615.
establishment for, at Port Macquarie, 118,
119.
expenditure on, 81, 609, 610, 614, 615.
necessity for grant for, from British trea-
sury, 81.
objections by members of council to ex-
penditure on, 609, 610.
opinion to be transmitted re charges for, 72.
protest re station for, at Wellington valley,
664 et seq.
reasons for maintenance of, from colonial
funds, 576. 577.
subsidy from Engli-h treasury proposed for
maintenance of, 645.
transfer of charges for, to colonial treasury,
80, 81.
Police magistrates
appointment of, at Parramatta as visiting
justice to female factory, 157.
appointments —
of, 115. 116, 117.
of, to be made in England, 514, 515.
878
INDEX.
Police magistrates
inadequacy of salary of third, at Sydney,
365.
number of, 116.
objections to appointment of, from Eng-
land, 115.
salaries of, 366.
type of, required, 116.
Pomare, queen
satisfaction demanded from, for deportation
of French priests from Tahiti, 709.
Pompallier, bishop
intentions of, in New Zealand, 700.
Pope, — (master, B.N.)
services of, in survey of Port Phillip, 87,
306.
Popham, Richard
compensation to, for losses in wreck of ship
Letiiia, 2.
Porteous, John
address of, to Victoria, H.M. Queen, 327.
Port Essington
church provided for settlement at, 589, 590.
departure of expedition for settlement of,
589 et seq.
houses in frame for settlement at, 589.
magistrates and commissioners of crown
lands appointed at, 591.
method of equipping expedition for, 590.
Portland head
founding of Presbyterian church at, 239.
Port Macquarie
act re trial by jury at, 775.
approval of establishment for police at, 118,
119.
maintenance of police at, 565.
opening of district at, to settlers, 565.
Port Phillip
See also " Geelong," " Melbourne."
administration of customs at, 90, 91, 427.
appointment at —
of Croke, J., as clerk of crown, 781.
of La Trobe, C. J., as superintendent, 785,
786.
of Le Souif, C. H., as landing and tide
surveyor, 759, 760.
of Webb, R. S., as sub-collector and sub-
treasurer, 759.
appointments at, approved by Glenelg, lord,
354.
approval of —
appointment of puisne judge for, 354.
mounted police and officers of survey de-
partment for, 508.
arrangements for collection of revenue at,
427.
Port Phillip
commandant to be appointed at, 353.
decision re compensation to original settlers
at, 389, 656.
delay in survey at, 290.
demand for labour at, 658, 659.
discretion re minimum price of land at, 76.
disposal of land at, 76.
elective members of council proposed for,
720.
establishment of overland mail to, 290.
expenditure at —
on paupers and lunatics, 610.
on police and gaols, 610.
expenditure on administration at, from land
revenue, 644.
inability to avoid sending convicts to, 600.
land revenue at —
appropriation of, for immigration, 658.
return required of, 658.
memorial from settlers at, re outrages by
aborigines, 509.
military posts on overland route to, 510.
mounted police appointed for duty at, 290,
291.
murder by aborigines of men in overlanding
party to,. 398, 400.
murders at, 290.
name of Bourke for district at, approved by
Glenelg, lord, 354.
necessity for appointment of lieut.-governor
or commandant at, 88.
number of inhabitants at, 600.
objections —
by Fawkner, J. P., to land grant to
Batman, J., at, 502.
to sales at Sydney of land at, 658.
to transfer of Tasmanian aborigines to,
601, 668.
petitions received by Glenelg, lord, from
proprietors of stock at, 22, 243, 3S9,
447.
progress of settlement at, 599.
proposal by Gipps, Sir G., for dispatch of
ship with immigrants to, 599.
protectors of aborigines appointed at, 669.
punitive measures against aborigines pro-
posed at, 509.
' road to be marked to, 291.
salary for —
commandant at, 354.
sub-collector of customs at, 451, 452.
sale of agricultural land at, 599.
sales of land to be held at, 658.
ship to sail with immigrants for, 724.
survey of, by officers of H.M. ship Rattle-
snake, 86, 87.
surveyors sent to, 291.
Port Phillip association
objections by Fawkner, J. P., to land grants
for, 502.
INDEX.
79
Porter, George
appointment of partner of, as French con-
sular agent at Sydney, 513.
Porter, William
appointment of, as superintendent of agri-
culture on mission lands at Welling-
ton valley, 303, G61.
instructions to, 303 et seq.
Portsea, ship
despatch per, 460, 461, 46S, 4S4, 505, 508,
511.
Postmaster-general
interest received by, on public money de-
ported in banks, 1S6, 187.
Post-office
establishment of overland mail by, to Port
Phillip, 290.
protest re, at Wellington valley, 664 et seq.
Poulten, George
address of, to Victoria, H.M. Queen, 327.
Presbyterian church,
act of council —
re payment of salaries to ministers of,
755, 756. 766, 77S.
re temporal affairs of. 14 9.
allowance tor passage of schoolmaster for,
(is 2. 683.
amount of stipends for clergy of, 148.
appointment —
of clergy for, 23 et seq.
of schoolmasters by, 5, 6.
assistance to be granted to, 201, 444.
conditions tor appointment of clergy for,
264.
decision —
by committee of general assembly re
schism in, 714 et seq.
required re salaries of clergy after dis-
union in, 274.
founding of churches tor, by McGarvie,
Revd. J., 239.
inability to provide missionaries from, for
natives, 8.
instructions to presbvterv of, re schism in,
717, 718.
memorial by presbytery of, re action of
Lang, Revd. J. D., 274.
ministers of, appointed by synod of Ulster,
23 et seq.
recognition of presbytery as governing bodv
of, 442.
reference of schism in —
to executive council, 443.
to general assembly's commission, 571
et seq.
to general assembly's committee on colo-
nial churches, 569.
1 Presbyterian church
refu>al of stipends to clergy of, on separa-
tion from presbytery, 274, 442, 443,
569, 766.
regret of Glenelg, lord, re schism in, 648.
resolution by synod of Ulster re schism in,
717.
schism in, 274, 401, 442, 443, 444, 569,
571 et seq., 648.
statements re schism in, by Lang, Revd.
J. D., 401.
stipends —
claimed by clergy of, on arrival, 73, 74.
for clergy of, 263 et seq.
thanks of commission for action of govern-
ment re schism in, 689.
vote by council for schools of, 265.
Price, — (surgeon, S.N".)
surgeon on ship Bussorah Merchant, 33.
Price, Henry
passenger per ship Lady Mcyaghten, 12.
Priest, Phineas (lieut., royal marines)
appointment of, as magistrate and commis-
sioner of crown lands at Port Essing-
tor., 591.
Prince George, convict ship
report by Burnett, W„ re sickness on, 223
et seq.
Prisons
transmission of extracts from report of in-
spector of, 128.
Pritchard, George
complaint by, as British consul re conduct
of Thouars, A. Du Petit, 709.
Proclamation
on assumption of government by Gipps,
Sir G., 305, 306.
Prospect
clergyman required at, 245.
Prout, Cornelius
application by — ■
for lard grant, 351, 352.
for promotion as purser, 352, 353.
memorial from —
to admiralty, 352, 353.
to Glenelg, lord, 351, 352.
refusal of land grant for, 552.
report re claim of, to land grant, 350.
services of, in navy, 352.
Public works
buildings in course of erection or proposed,
481.
inability to reduce expenditure on, S2.
number of convicts required on, 187.
supervision of buildings by Lewis, M. W.,
481.
880
INDEX.
Quarantine
expenditure on quarantine of ship Lady
McNaghtm, 11, 21.
necessity for health officer for supervision
of, 737.
of ship —
John Barry for fever, 50, 51, 67, 68.
Maitland for scarlet fever, 684, 767.
Palmyra for scarlet fever, 598, 599.
William Rogers for fever, 598, 599, 683,
684, 767.
payment for demurrage on ship Lady Mc-
Nayhten due to, 434, 435.
payments to surgeons for services in, 767.
release of immigrants per ship John Barry
from, 91.
reports re, of immigrants per ship Minerva,
288, 289.
Quarter sessions
appointment of chairman of, 116.
criticism by Glenelg, lord, of crown prosecu-
tor for, 252.
crown prosecutor for, 60, 116, 731 et seq.
fees paid to barristers at, 733.
records of, 735.
return of floggings ordered by, 653.
system proposed for prosecutions in, 733.
Queanbeyan
clergyman required at, 245.
Quish, John
judgment obtained by, against Harris, S. L.,
Rae, Henry
address of, to Victoria, H.M. Queen, 327.
Raine and Ramsay
judgment obtained by, against Harris, S. L.,
Rankin, George
charter of ship Minerva by, for conveyance
of immigrants, 56.
Rapsey, S. H.
address of, to Victoria, H.M. Queen, 327.
Rattlesnake, H.M. ship
visit of — -
to New Zealand, 84.
to Port Phillip, 86.
services of officers of, 86, S7, 306.
Raymond, James
affidavit by, 148.
agent for Raymond, W., 59.
application by, for land grant, 146 et seq-,
500, 501.
appointment of, as coroner and postmaster-
general, 501.
concessions to, on emigration from Ireland,
501.
Raymond, James
criticism of claim of, to land grant, 501.
letter from, to Bourke, Sir R., 147.
refusal of land grant for, 501.
report by, re immigrants per ship St.
George, 757, 758.
testimony in favour of, 147.
Raymond terrace
clergyman required at, 245.
Raymond, Walter
agent of, 59.
conditions for land grant to, 60.
extension of time limit on land grant for,
57, 60.
ill-health of, 58.
letter to, from Stephen, J., 59.
memorial of, soliciting confirmation of land
grant, 57 et seq.
Reid, — (surgeon, R.N.)
employment of, in quarantine of ship Wil-
liam Rogers, 683.
refusal to remit quit rent on lands granted
to, 131.
Reid, James
memorial from, soliciting land grant, 414,
415.
opinion of Glenelg, lord, re charges made
by, against Wighton, J., 44.
refusal of land grant for, 413, 638.
Reid, William (lieut. -colonel, R.E.)
transmission of book by, on storms, 687.
Reuben, Henry Robert
address of, to Victoria, H.M. Queen, 327.
Rhode, August
appointment of, as assistant to mission to
natives, 9.
Richards, — (lieut., R.N.)
services of, in survey of Port Phillip, 87>
306.
Richardson, James
address of, to Victoria, H.M. Queen, 327.
Richardson, Thomas
address of, to Victoria, H.M. Queen, 327.
Richmond
clergyman required at, 245.
Riddell, Campbell Drummond (colo-
nial treasurer)
application by, for increase of salary, 130,
131.
bond given by sureties for, 272 et seq.
claim by, to appointment of clerks in trea-
sury, 166, 170.
explanations required from, re accounts,
424, 425.
INDEX.
881
Biddell, Campbell Dnunmontl (colo-
nial treasurer)
instructions re clerks in office of, 458, 4.39.
letter from, to Thomson, E. D., 131, 168,
169, 172, 173.
letter to, from Thomson, E. D., 168, 171,
17 2.
liability of sureties of, 168, 459.
proposal by, for appointment of Hindmarsh,
J., as chief clerk to treasury, 165
et seq.
refusal by Glenelg, lord, to increase salary
of, 448.
report by, re claims of Wentworth, G., to
land grant, 546.
Biddell, Sir James Milles, bart.
bond given by, as surety for Riddell, C. D.,
•27 2 et seq.
Biddell, Margaretta
bond given by, as surety for Riddell, C. D.,
272 et seq.
Bigney, Beverend John
appointment of, as R.C. clergyman, 223.
Bimmer, Thomas
reduction of sentence on, 2?7.
Boad gangs
annual cost of convict in, 154.
control of. by royal sappers and miners
proposed, 94, 95, 332 et seq.
inability to decide re expenditure on build-
ings for, 301, 302.
('Citable houses required for, 483, 484.
proposal for transfer of, to commanding
engineer, 95.
report re expenditure on buildings for, 483,
4S4.
Boberts G. (surgeon, B.N.)
gratuity for, as surgeon per ship William
Xicholl, 193.
letter from, to , 220.
nomination of, as surgeon to select immi-
grants, 235.
report by, re voyage of ship William
Nicholl, 220, 221.
surgeon on ship William Nicholl, 32.
Bobertson, Kinnear (colonial sur-
geon)
reports by, re quarantine of immigrants per
ship Minerva, 288, 289.
Bobertson, William
authority for free pardon for, 227.
Bobinson, George Augustus
arrival of, at Sydney, 668.
examination of, by legislative council, 601.
nomination of, as chief protector of abori-
gines, 253, 254, 669.
Bobinson, Stephen
claim by Rotton, W., for compensation for
resumption of land allotted to, 633
et seq.
Bobinson, Thomas W.
undertaking- given by, re passage money as
schoolmaster, 6.
Bobison, Bobert (late captain, veteran
company)
application by, for land grant, 106.
conditions for land grant to, 107.
inability to grant land to wife of, 106.
letter from, to Grey, Sir G., 106.
letter to, from Grey, Sir G., 107.
Bobson, Henry
address of, to Victoria, H.M. Queen, 327.
Bogers, — (surgeon)
employment of, in procuring immigrants,
35.
gratuity for, as surgeon on ship Lat/ton,
406.
instructions to —
for selection of immigrants, 36, 37.
for voyage with immigrants, 37, 38. 39.
letter to, from Elliot, T. F., 36, 37.
Bogers, Edward
appointment of, as clerk of peace, 734.
duties proposed for, 736.
qualifications of, 736.
Bogers, John
address of, to Victoria, H.M. Queen, 327.
Bogers, Bichard
letter from, to Thomson, E. D., 628.
letter to, from Thomson, E. D., 628.
Bogers (Bodgers), Beverend Hugh
letter to, from Grey, Sir G., 23.
Bogers, William (surgeon, B.N.)
report by, re quarantine of immigrants per
ship Minerva, 289.
Bogers, William Edward
clerk in office of superintendent of convicts,
338.
Bolfe, B. M.
legal opinion by, re disposal of property of
deceased convicts, 731.
Boman Catholic church
allowances for passage and outfit for clergy
of, 213.
appointment of chaplains for, 110, 223.
chaplains of, sent to Norfolk island, 686,
687.
expense of passage and outfit for clergy of,
213.
masters and mistresses required for schools
of, 210.
Ser. I. Vol. XIX— 3 K
882
INDEX.
Roman Catholic church
passage money allowed for schoolmasters of,
210, 211, 318, 680, 708.
reduction in allowance of passage money
for chaplains of, 212, 213.
salaries voted for clergy of, by council, 213.
statements by Willis, J. W., re, 587 et seq.
transfers proposed of clergy of, 362.
Romilly, Edward
letter from, to treasury, commissioners of,
782.
Hose, Thomas
judgment obtained by, against Harris, S.L.,
65.
Roslyn Castle, ship
despatch per, 766.
Ross, Reverend W.
allowance for outfit and passage of, 463.
Rotton, Walter
claim by, for compensation for resumption
of land allotted to Robinson, S., 634
et seq.
letter from, to Glenelg, lord, 634.
report by Gipps, Sir G., re claims of, 633.
Rowley, Thomas
compensation proposed for Moore, T., for
liability incurred in administration
of estate of, 421, 422.
Royal exchange company
allowance of act for, 306, 647.
submission of act of council re, for approval,
93.
Royal sappers and miners
See " Sappers and miners."
Rum
loss of revenue by drawback on, issued to
military, 771, 772.
Rutledg-e, John
reduction of sentence on, 711.
Ryan, Stephen
address of, to Victoria, H.M. Queen, 327.
Ryan, Thomas
adverse report by Gipps, Sir G., re, 695.
clerk in office of superintendent of convicts,
338.
criticism of returns submitted by, 695.
letter from, to McLean, J. L., 676.
proposal for increase of salary for, by re-
grading, 675 et seq.
request by, for promotion to first-class of
clerks, 676, 677.
testimony in favour of, 675, 676.
Ryan, Thomas C.
address of, to Victoria, H.M. Queen, 327.
Salmon, W.
address of, to Victoria, H.M. Queen, 327.
Salutes
regulations re, from H.M. ships and forts,
460.
Samuel Winter (Wynter), ship
departure of Bourke, Sir R., in, 236.
passage taken by Bourke, Sir R., in, 194.
Sand
discovery of, near Sydney suitable for glass
manufacture, 528, 530 et seq.
Sappers and miners
decision deferred re employment of, 333,
337.
difficulty in supplying companies of, 336.
opinion of ordnance board re emplo3'ment
of, 333, 334.
proposals for employment of, in supervision
of road gangs, 94, 95, 332 et seq.
qualified approval by treasury for employ-
ment of, 335.
Sarah and Elizabeth, ship
despatch per, 60, 61, 62, 67, 68.
Saving's hank
act of council re deposit of funds of intes-
tate estates in, 472.
money lodged for Herring, H., in, 403, 404.
practice re money lodged for convicts in,
403, 404.
return of sums issued to ticket-of-leave men
from, 405.
rule of court re deposit of funds of intestate
estates in, 472 et seq.
withdrawal of money from, by Beaumont,
A., 404.
Schmidt, —
appointment of, as missionary to natives, 9.
Schneider, Moritz
appointment of, as assistant to mission to
natives, 9.
Schoolmasters
See under " Education."
Schreiner, Gottlob
appointment of, as missionary to natives, 9.
Scone
clergyman required for, 245.
Scott, Robert
advice given by, to murderers in prison,
705.
effect of conduct of, 705.
magistrate of territory, 704.
participation by, in defence of murderers of
aborigines at Myall creek, 704, 705.
removal of, from commission of peace, 705.
INDEX.
883
Scott, Thomas
claim by, for compensation re land gram-,
land granted to, 315.
sal of compensation for, 502.
report re claim of, 315.
Scott, William
letter to, from Wemyss, W., 234.
Secretary, colonial
appointment of, as executive councillor, 306.
larj for assistant to, increased by council,
608.
Segrenhoe
development of, by Macqueen, T. P., 541
et seq.
Sempill, Hamilton, C.
agent for Macqueen, T. P., 54 2.
Serle, John
address of, to Victoria, H.M. Queen, 327.
Seven hills
clergyman required for, 24 5.
Sharpe, Reverend Thomas
employment of, at Norfolk island, 174.
Sheriff
importance of office of, 339.
precedency proposed for, 339.
protest by Macquoid, T., re omission of,
from table of precedence, 339 et seq.
reasons tor omission of, from table of pre-
cedency, 561.
Shingles
objections to use of, for roofing, 55.
prohibition of, proposed in Sydney, 56.
Shortland, —
mate on H.M. ship Rattlesnake, 87.
services of, in survey of Port Phillip, 87,
306.
Silk-worm
transmission of pamphlet on, 421.
Sir David Ogllby, schooner
approval —
of action of Gipps, Sir G., re, 736.
of payment for seamen from, on H.M.
-hip Conicay, 768.
attack on, by natives of Fiji islands, 485
et seq.
legal opinion re attack by Fijians on, 494,
495.
Sivewrig-ht, —
appointment of, as assistant protector of
aborigines, 254.
Slade, Ernest Augustus
resignation of, as third police magistrate,
365.
Slate
requisition for, for roofing government build-
ings, 55, 56.
Smith, C. T. H.
address of, to Victoria, H.M. Queen, 327.
Smith, Edward
report required re, 712.
Smith, James
refusal of passage money for wife of, 61.
Smith, John
passenger per ship Lady McNaghtcn, 12.
Smith, John Gait
address of, to Victoria, H.M. Queen, 327.
Smith, Reverend Edward
appointment of, as clergyman, 214.
Smith, Reverend J. Jenning-s
appointment of, as C. of E. clergyman, 772,
773.
Snodg-rass, John (private secretary)
letter to, from Lithgow, W., 325.
Snodg-rass, Kenneth (acting1 governor)
assumption of government by, 197, 236.
decision by, in case of White, H. F., 367,
376, 377.
full salary drawn by, as acting governor,
324.
instructions re salary of, as acting gover-
nor, 470.
letter from, to Glenelg, lord, 228, 230, 233,
235, 236, 238, 240, 243, 244, 245,
255, 256, 261, 263, 266, 270, 271,
274, 275, 276, 288, 290.
memorial to, from civil officials, 267 et seq.
report re claims of, to remuneration for civil
services, 680, 681.
resolution by legislative council re claims
of, 680, 681.
Solicitor, crown
reorganisation required in office of, 613.
Somerset, lord Eitzroy
letter from, to Stephen, J., 336.
South Australia
act re apprehension of offenders from, 777.
South Creek
clergyman required for, 24 5.
Sowerby, Reverend W.
appointment of, to Goulburn, 24 5.
884
INDEX.
Sparke, Alexander Brodie
certificate by, re financial stability of Daw-
son, R., 137, 520.
Sparke, Edward
address of, to Victoria, H.M. Queen, 327.
Sparke, George
address of, to Victoria, H.M. Queen, 327.
Sparke, William
address of, to Victoria, H.M. Queen, 327.
Sparling", Reverend Hart
appointment of — ■
as chaplain to convicts at Sydney, 656,
657.
as clergyman, 214.
Spartan, ship
despatch per, 428, 433, 435, 442, 443, 452,
456, 459.
Spearman, A. Y.
letter from — ■
to Byham, R., 120.
to secretary of ordnance, 126.
to Stephen, J., 52, 103, 105, 107, 110,
112, 119, 121, 126, 127, 142, 207,
208, 229, 231, 248, 301, 302, 311,
312, 314, 335, 337, 359, 383, 418,
419, 421, 424, 427, 434, 437, 451,
455, 456, 515, 539, 555, 558, 562,
579, 670, 672.
letter to —
from Barnard, E., 383.
from Barrow, Sir J., 540, 727.
from Bourchier, C, 435.
from Butler, G., 127, 627.
from Byham, R., 207.
from Darling, H. C, 248.
from Phillipps, S. M., 314.
from Stephen, J., 51, 105, 109, 110, 111,
302, 334, 417, 614, 673, 727.
Spencer, Reverend Charles
appointment of, as C. of E. clergyman, 693.
Spering, William
address of, to Victoria, H.M. Queen, 327.
Spicer, Peter Beauclerk
report required re claims of, 712.
Spirits
annual revenue from duties on, 769.
comparative statement of duties levied on,
771.
duties levied on, 769.
Sproul, Joseph
undertaking given by, re passage money as
schoolmaster, 6.
Sproule, — (surgeon, R.N.)
surgeon to sail with immigrants, 33.
Squire, T. B.
address of, to Victoria, H.M. Queen, 327.
St. Andrew's C. of E. parish (Sydney)
clergyman required for, 245.
St. Andrew's Presbyterian church
founding of, by McGarvie, Revd. J., 239.
St. George, ship
complaint by immigrants re surgeon on,
756, 757.
misconduct of immigrants per, 756.
report by board re complaints by immi-
grants on, 757, 758.
St. James' church (Sydney)
appointment of clergyman at, 245.
Stack, Reverend W.
appointment of, to West Maitland, 245.
Stallard, —
allowance for passage and outfit of, as R.C.
schoolmaster, 680.
Stanley, Owen (lieut., R.N.)
appointment of, as magistrate and commis-
sioner of crown lands at Port Essing-
ton, 591.
commander of H.M. ship Britomart, 591.
Steam navigation
cost of vessel and engine for, 456.
estimates of expenditure on, by Bourke,
Sir R., 418, 419.
proposal for establishment of, by govern-
ment, 417 et seq., 454 et seq.
size and power of vessel for, proposed for
government, 455.
submission of proposals re, to treasury, 354.
Steel, Peter
undertaking given by, re passage money as
schoolmaster, 6.
Steele, Charles
letter from, to White, H. F., 381, 382.
opinion of, re charges against Gray, W. N.,
382.
Stephen, —
letter to, from Thomson, E. D., 106.
Stephen, James (under secretary)
letter from —
to Baring, F., 357.
to Byham, R., 333.
to Hume, J. D., 346.
to McGregor, Sir J., 43, 102.
to Raymond, W., 59.
to Spearman, A. Y., 51, 105, 109, 110,
111, 302, 334, 417. 614, 673, 727.
to Sulivan, L., 335.
to Wood, C, 54, 690.
INDEX.
885
Stephen, James (under secretary)
letter to —
from Baring, v., 164, 287, 347, 575, 615,
626, 70S. 725, 727, 768, 781.
from Barrow, Sir -T., 54, 310, 691.
from Byham, R., 333, 40S.
from Elliot, T. P., 26, 27, 29, 30, 99,
158, 160, 200, 204, 216, 342, 440,
449, 466, 4S0, 724.
from Hume, J. 1)., 346.
from Marshall, E., 549.
from Maule, F., 674.
from "McGregor, Sir J., 41, 100.
from Phillipps, S. M.. 113, 729.
from Somerset, lord Fitzroy, 336.
from Spearman, A. Y., 52, 103, 105, 107,
110, 112, 119, 121, 126, 127, 142,
207, 20S, 229, 231, 248, 301, 302,
311, 312, 314, 335, 337, 359, 383,
118, 419, 421, 424, 427, 434, 437,
451, 455. 456, 515, 539, 555, 558,
562, 579, 670, 672.
Stephen, John (judg-e)
appointment of, 257.
pension for, 259.
town allotment granted to, 257.
Stevens (Stephenson), Edward
deposition by, /v attack by Fijians on
schooner Sir David Ogilby, 488, 489.
Stewart, —
proposal for, as surgeon for immigrants per
-hip Midlothian, 26, 27, 32.
Stewart, John
if, ro Victoria, H.M. Queen, 327.
Stewart, Reverend Colin
allowance to, for outfit and passage, 568.
approval of nomination of, 569.
request for confirmation of nomination of,
568.
Stewart, Reverend Robert
appointment of, as Presbyterian minister,
265.
Stewart, Robert
nomination of, as surgeon to select immi-
grants, 245, 246.
remuneration of, as surgeon on ship Mid-
lothian, 246.
Stewart, Robert
appointment of, as third police magistrate,
116.
resignation of, as third police magistrate,
365, 366.
Stiles, Reverend H. T.
opinions of, re effect on convicts of banish-
ment to Norfolk island, 151, 152.
Stockades
buildings authorised for, 484.
expenditure proposed for, 301.
inability to decide re expenditure on build-
ings for, 301, 302.
report re expenditure on buildings for, 483,
484.
Stokes, F. M.
refusal of land grant for, 125.
Stonequarry
clergyman required for, 245.
Storekeeper's department
appointments approved by Bourke, Sir R.,
for, 189.
approval of arrangements for control of,
126, 189.
instructions re control of, 206, 207, 626
et seq.
Stow, David
letter from, to
-, 5.
Street, Walter
evidence of, at trial of Hammond, H., 356.
Stubbs, Richard
report required re claim of, to land grant,
227.
Sug"ar
distillation of spirits from, 769.
inability to prevent distillation of spirits
from, 770.
objections to tax on, 769, 770.
reduction of duty on spirits distilled from,
770.
Sulivan, L.
letter from, to Stephen, J., 336.
letter to, from Stephen, J., 335.
Sumner, Reverend J. C.
address from —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
Superb, ship
despatch per, 462, 463, 469, 470, 471, 476,
477, 480, 483, 485, 496, 502, 504,
506, 508.
Supreme court
application by judges of, for retiring pen-
sions, increased salaries and pre-
cedency for puisne judges, 256
et seq., 309, 310.
appointment of clerks in, by chief justice,
567.
approval of extra puisne judge in, for Port
Phillip, 354.
institution of, 256.
INDEX.
Supreme court
necessity for independence of judges of, 259.
opinion of judges —
of, re necessity for crown prosecutor,
732, 733.
re necessity for repeal of statute for re-
covery of debts in, 582 et seq.
precedency for judges of, 256, 310, 503,
504, 707.
provision proposed for abolition of assessors
in, 738, 739.
reasons for retiring pensions for judges of,
259.
refusal of increased salaries and retiring
pensions for, 503.
return of floggings ordered by, 653.
rules of —
report required from judges re, 632.
royal approval withheld from, 632.
trials by, of murderers of aborigines at
Myall creek, 701, 702, 703.
withdrawal of official residence from chief
justice of, 257.
Swan, Robert
report required re application from wife of,
for his assignment, 196.
submission of report re alleged wife of,
459, 460.
Swanston, Charles
application by, for permission to open coal-
mines at Western port, 435, 464.
Sydney
See also " Water supply for Sydney."
instructions re government house at, 111,
112.
maintenance- of convicts employed by town
surveyor at, 555, 556, 616 et seq.
necessity for health officer at port of, 737.
problem of military lands at, 593 et seq.
proposal for prohibition of shingle roofing
in Sydney, 56.
Symonds, — (lieut., R.N.)
services of, in survey of Port Phillip, 87,
306.
Tahiti
complaint by British consul at, re conduct
of Thouars, A. Du Petit, 709.
deportation of French priests from, 709.
object of visit of frigate La Venus to, 709.
Tasmania
act re apprehension of offenders from, 77 7.
adverse prospects of immigrants in, 112,
113.
instructions —
re control of lieut. -governor of, over
ordnance officers, 408 et seq.
re discipline of convicts in, 468, 469.
i Tasmania
objections to transfer of aborigines from,
to Port Phillip, 601, 668.
proposal for removal of aborigines from, to
Australia, 253.
treatment of pauper patients in hospitals in,
104, 105, 248 et seq.
Taylor, alias Log-an, Grace
report re, 711, 712.
Theresa, ship
despatch -per, 579, 584, 586, 591.
Therry, Reverend John Joseph
address from —
to Adelaide, H.M. Queen dowager, 331.
to Victoria, H.M. Queen, 330.
■ Therry, Roger
ability of, 579, 580.
commissioner of court of requests, 579.
letter from, to Glenelg, lord, 580.
resolution by legislative council in favour
of, 580.
Thierry, Charles, haron de
departure of, for New Zealand, 133.
intentions of, re New Zealand, 86.
policy of Bourke, Sir R., towards, 133.
transmission of papers from, 133.
visit of, to Sydney, 86.
Thomas, —
appointment of, as assistant protector of
aborigines, 254.
Thomas Lowry, ship
despatch per, 1, 4, 11, 21.
Thompson, John Vaug-han
access of, to governor, 394.
criticism of tone adopted by, 42.
emoluments of, 394, 395.
incapacity of, to reorganise medical depart
ment, 392.
libel action brought against, by Mitchell
J., 392, 393.
obstructions experienced by, in reorganisa
tion of medical department, 41, 42
43.
refusal of application by, by Glenelg, lord
70.
reports by, re quarantine of immigrants per
Miip Minerva, 288, 289.
rupture between Mitchell, J., and, 392.
sv-tem proposed for communications with,
101.
travelling allowances for, 42, 101, 102, 395.
Thomson, Edward Deas (colonial
secretary)
letter from —
to Bethune, C. D., 495.
to Brenan, J. R., 337.
to Cooper, G., 760.
to deputy commissary of accounts, 338.
INDEX.
887
Thomson, Edward Deas (colonial
secretary)
letter From —
to Ebsworth, J. E., 464.
to Flanagan, F., 526.
to Gibbes, J., 760.
to Lockyer, E., 14 5.
to Miller, W.. 556, 61S, 726.
to Riddell, C. D., 16S, 171, 172.
to Rogers, R., 62S.
to Stephen, — . 106.
to Uther, R.. 243.
to w eston, J., 2.
letter to —
from Atkins, Revd. T., 564.
from Bethune, C. D., 496.
from Bingham, H., 625.
from Brenan, .1. R., 696.
from Busby, J., 700.
from Close, E. C, 605.
from Cooper, ('•., 759, 760.
from Oowper, Revd. W., 574.
from Dillon. 1'., 497.
from Ebsworth, J. E., 464, 747.
from Fisher, F., 494.
from Gibbes, J., 759, 760.
from Cray. W. X., 370, 372.
from Lockyer, E., 145.
from McLean, J., 655.
from Miller. W., 61S, 620.
from Perry, S. A.. 377, 752.
from Plunkett, J. II., 710.
from Folding, right revd. J. B., 362.
from Riddell, C. D., 131, 168, 169, 172,
173.
from Rogers, R., 628.
from Weston, J., 3.
from White, H. F., 371.
from Willis, J. W., 364.
opinion of —
re claim of Duguid, L., to land grant,
279.
re new form of government, 402.
report by, re claim of Duguid, L., to land
grant, 286.
Thomson (Thompson) , David (sur-
geon, R.N.)
gratuity for, as surgeon on ship John Barry,
193, 438, 440, 441.
letter from, to Grey, Sir G., 438.
report by, re voyage of ship John Barry,
438, 439.
surgeon on ship John Barry, 30.
terms of employment of, 438, 440.
Thomson, Jos.
testimony from, in favour of Anderson, J.,
238.
Thouars, A. Du Petit
captain of French frigate La Venus, 709.
complaint by British consul re conduct of,
at Tahiti, 709.
object of visit of, to Tahiti, 709.
Threlkeld, J. T.
address of, to Victoria, II. M. Queen, 327.
Threlkeld, Reverend Lancelot Edward
address of; to Victoria, ELM. Queen, 327.
Tomlins, George
memorial from, soliciting land grant, 267
et seq.
Tonga
approval of maintenance of chief from, at
Sydney, 725.
orders for maintenance of chief from, 726.
Tool, George
evidence of. at trial of Hammond, H., 355,
356.
Tothill, Charles
address of, to Victoria, H.M. Queen, 327.
Trade and commerce
interpretation of treaty with king of Nether-
lands re reciprocity in, 346, 347.
prohibition of importation of produce from
Dutch possessions, 578.
Transportation
possibility of cessation of, of convicts, 461.
Transportation committee
debates in legislative council re evidence
given to, 504, 505.
petition proposed to contradict evidence
given to, 504.
sensation caused in colony by evidence be-
fore, 504.
Treadmill
instructions proposed re money received at,
563.
theft of money received at, for grinding
corn, 562, 563.
Treasurer, colonial
adequacy of salary of, 130.
appointment of, as executive councillor, 306.
approval of accommodation provided for, 70.
business practice in office of, 167, 173.
claim by, to appointment of clerks, 166,
170.
division of office of, into treasury and
revenue branches, 169.
establishment of, 173.
interest received by, on money deposited in
banks, 187.
liability of sureties of, 167.
necessity for vacancies in clerks of, to be
filled by seniority, 168, 169, 171.
negotiations re appointment of chief clerk
under. 165 et seq.
report re fraud committed on, 462, 463,
781 et seq.
INDEX.
Treasury, lords commissioners of
letter to, from audit commissioners, 103,
384, 563, 729, 782.
Trevallyn
clergyman required north of, 245.
Turner, Edward
address of, to Victoria, H.M. Queen, 327.
Ullathorne, Reverend William B.
application by, for passage money —
for chaplains, 212, 213.
for schoolmasters, 210, 211, 318.
letter from, .to Glenelg, lord, 210, 212, 318.
letter to, from Grey, Sir G., 211, 213.
Ulster, synod of
ministers of Presbyterian church appointed
by, 23 et seq.
resolution by, re schism in Presbyterian
church, 717.
Union assurance company
act for amendment of act re, 780.
confirmation of act of council for, 72.
Unwin, Frederick Wright
affidavit by, re judgments against Harris,
S. L., 65.
legal costs of, in suit Harris v. Riddell, 65.
Upton Castle, ship
despatch per, 110, 111, 112, 118, 119, 120.
Uther, Reuben
authority for lease of land to, 243.
certificate re claim of, to maximum land
grant, 242.
confirmation of former decision re land
grant for, 447.
land granted to, 241.
letter to —
from Macleay, A., 243.
from Thomson, E. D., 243.
manufactory for hats established by, 240,
241.
memorial from, soliciting land grant, 240
et seq.
" refusal of land grant to, 243.
Vane
clergyman required at, 245.
Vaughan, James
report required re, 227.
Victoria, H.M. Queen
address to, on accession —
from inhabitants —
of Maitland, 327 et seq., 550.
of Sydney, 307, 308, 460, 468.
from R.C. clergy, 330, 331, 566.
proclamation of accession of, 141.
renewal of appointments on accession of,
484.
Violet creek
military post proposed at, 510.
Wade, Reverend Nugent
appointment of, as C. of E. clergyman, 693.
Wagner, Gottfried
appointment of, as assistant to mission to>
natives, 9.
Waggoner, John
confinement of, as criminal lunatic, 410.
instructions for confinement of, as criminal
lunatic, 227.
Waldron, Frederick Charles
claim by, to remission money in purchase
of land and compensation for delay,
764, 765.
letter to, from Harington, T. C, 765.
memorial from, to Glenelg, lord, 764, 765.
refusal of remission money for, 765.
Walker, George
undertaking given by, re passage money as
schoolmaster, 6.
Walker, J.
address of, to Victoria, H.M. Queen, 327.
Walker, Reverend —
proposal for transfer of, from Tasmania to
Norfolk island, 362.
Walkinshaw, Edward
agent for, 516.
Wallace, John
death of, 168.
payments by, for colonial treasurer, 173.
Wallis creek
iron bridge proposed over, 190, 191.
Walpole, Reverend J. X.
appointment of, to Bathurst, 245.
Waterloo, ship
despatch per. 22, 41, 43, 44, 46, 47, 51,
54, 57, 61, 65, 66, 68, 69, 70, 71,
72.
Water supply for Sydney
allowance to Busby, J. and W., for super-
vision of, 551.
claim by Busby, J., for remuneration for
services re, 156.
company suggested for, 155.
report by committee of legislative council
re tunnel for, 155.
reports by Barney, G., re, 155.
Watson, —
master of schooner Essington, 555, 590.
search to be made for Durant, T., by, 555.
stores carried to Port Essington by, 590.
INDEX.
Watson, Reverend William
appointment of, as missionary to abori-
gines, 665.
letter from, to Oowper, Revd. W., 665.
protest by, re police-station and post-office at
Wellington valley, 665 et seq.
Bervices of, in mission to aborigines, 303.
Wawn, James
report required re, 711.
report re, 713.
Webb, Robert S.
appointment of, to act as treasurer at Port
Phillip, 427.
duties of, 760, 761.
salary for, 451, 452, 759.
sub-collector of customs at Port Phillip,
4 27, 7 59, 760.
Webber, James Philips
application by, for land grant, 282, 283,
284.
decision requested by, 283, 285.
land-
granted to, 278.
selected by, 285.
letter from —
to Macleay, A., 283, 284, 285.
to Wemyss, W., 284.
letter to. from Mitchell, T. L., 285.
request by, for additional land grant, 283.
Wellington valley
appointment of superintendent of agriculture
on mission lands at, 303 et seq., 661.
mission to aborigines at —
application for land grant to, 303, 304,
660.
foundation of, 660, 665, 666.
progress of, 660.
prospects of success of, 661, 662.
request for increased subsidy for, 660.
refusal of land grant to, 661.
mission to natives established at, 9.
number of natives at, 662.
objections to police-station and post-office
near, 664 et seq.
Welsh, Samuel
remission of sentence on, 227.
report transmitted re, 228.
Wemyss, William (dep. commissary-
genl.)
letter from, to Scott, W., 284.
letter to, from Webber, J. P., 284.
Wentworth, George
application by, for land grant, 61, 546,
547.
decision by Darling, R., re claims of, 545,
546.
inability of Darling, R., to report on claim
of, 234.
Wentworth, George
land grant recommended for, 61.
letter from, to Macleay, A., 546.
qualified refusal of land grant for, 234.
report by land board re claims of, 546.
Wentworth, William Charles
executor for Wentworth, D., 546.
purchase by, of land grant from Brisbane,
Sir T. M., 630.
Wesleyan Methodists
act re temporal affairs of, 776.
Western port
authority for coal-mining at, 711.
proposal for coal-mining at, 435, 436, 464,
748.
Weston, John
claim by, for land grant, 1 et seq.
letter from, to Thomson, E. D., 3.
letter to, from Thomson, E. D., 2.
losses by, in wreck of ship Letitia, 1, 3.
memorial from, to Glenelg, lord, 1.
memorial received from, by Glenelg, lord,
159.
refusal of land grant for, 160.
White, —
injuries received by, from Fijians, 485.
mate of schooner Sir David Ogilby, 485.
White, E.
address of, to Victoria, H.M. Queen, 327.
White, G. B.
land granted to, 266, 269.
White, H. P. (assist, surveyor)
approval of dismissal of, 559.
certificates re health of, 369, 370.
charges preferred —
against, by Gray, W. N., 367, 368, 377.
by, against Gray, W. N., 367, 371, 372,
378 et seq., 559.
decision by Snodgrass, K., in case of, 376,
377.
dismissal of, proposed, 368.
duties assigned to, 368.
inquiry ordered re charges made by, 560.
justification of dismissal of, 699.
letter from —
to Perry, S. A., 368, 378.
to Thomson, E. D., 371.
letter to —
from Innes, A. C, 381.
from Steele, C., 381, 3.82.
protest by, against removal from Port Mac-
quarie, 381.
refusal by —
Glenelg, lord, to reconsider decision in
case of, 599.
to withdraw charges against Gray, W. N.,
367, 380.
Ser. I. Vol. XIX— 3 L
890
INDEX.
White, H. P. (assist, surveyor)
reply by —
Gray, W. N., to charges made by, 372
et seq.
to charges made by Gray, W. N., 368,
369.
request by, for inquiry, 371.
statement by Partridge, S., re conversation
with, 370.
suspension of, as assistant surveyor, 366,
367, 377.
transmission of letter from, re his suspen-
sion, 407.
Whitelaw, John
undertaking given by, re passage money as
schoolmaster, 6.
Wickham, John Clements
commander of H.M. ship Beagle, 554.
search to be made for Durant, T., by, 554.
Wighton, John
opinion of Glenelg, lord, re charges against,
44.
Wilkinson, Fercival
deputy storekeeper at Sydney, 627.
Wilkinson, Reverend Frederick
omission to notify leave of absence granted
to, 388.
Wilkinson, Thomas
address of, to Victoria, H.M. Queen, 327.
Wilkinson, W. B.
address of, to Victoria, H.M. Queen, 327.
William IV, H.M.
address to Adelaide, H.M. Queen dowager,
on death of —
from inhabitants of Sydney, 309.
from R.C. clergy, 331, 332.
problem of validity of deeds for land grants
after demise of, 235, 236, 447.
William Jardine, ship
inquiry re equipment of, as transport for
convicts, 425, 426.
William Nicholl (Nicoll), ship
allegartions re overcrowding of, 215, 216,
217.
arrival of, 230.
condition of, at Cape of Good Hope, 215,
216.
number of immigrants per, 215.
proposed sailing of, with immigrants, 32.
report re —
by Boyter, D., 221, 222.
by Elliot, T. F., 216 et seq.
by Roberts, G., 220, 221.
tonnage of, 215.
William Rogers (William Roger),
ship
arrival of, with fever amongst immigrants,
598.
quarantine of, 598, 599, 683, 684.
release of immigrants per, from quarantine,
767.
Williams, Allen
duties proposed by Riddell, C. D„ for, 169,
170.
objections —
by Bourke, Sir R., to supercession of,
as chief clerk at treasury, 166, 168,
169.
by Riddell, C. D., to appointment of, as
chief clerk at treasury, 167, 171,
172.
want of proof of incompetency of, 172.
Williams, Edward
assault on, by Nixon, R.
462.
Williams, George
address of, to Victoria, H.M. Queen, 327.
Williams, Vincent George
address of, to Victoria, H.M. Queen, 327.
Williams, William
judgment obtained by, against Harris, S. L.,
65.
Willis, John Walpole (judge)
application by, re retiring pension, increase
of salary, and precedency of puisne
judges, 256 et seq., 309, 310.
appointment of, as third puisne judge, 46.
claim by, to full salary during voyage from
England, 363, 364.
criticism of claim of, to full salary during
voyage from England, 363.
letter from —
to Gipps, Sir G., 472, 582.
to Glenelg, lord, 256.
to Thomson, E. D., 364.
letter to, from Manning, J. E., 473.
libel action proposed by, against Polding
right revd. J. B., 587.
opinion of —
re crown lands occupation act, 649, 650
651.
re illegality of land sales without parlia
mentary consent, 651, 652.
precedency for, 503, 504.
proposal by, for repeal of statute for re
covery of debts, 582 et seq.
refusal of —
full salary for, on voyage from England
561, 562.
increased salary and retiring pension for
503.
relations of, with Gipps, Sir G., 652.
statements bv, re R.C. church, 587 et seq.
INDEX.
891
Wilson, C.
commander of schooner Jess, 497.
Wilson, Henry Croasdaile
report by, re immigrants per >hip *Sj.
i7, 75S.
Windeyer, Charles
reporl by, re outbreak of fever on ship Lady
McNaghterij 12 et scg.
Wingelo
cl( rgj in. in required at, 245.
Winter, W.
address of, to Victoria, H.M. Queen, 327.
Wisdom, John
address of, to Victoria, H.M. Queen, 327.
Wolfe, James
address of, to Victoria, H.M. Queen, 327.
Wood, C.
letter to, from Stephen, J., 54, 690.
Wood, Patrick
letter from, to Glenelg, lord, 65s.
Wocdd, Reverend G. N.
appointment of, to St. James' church at
Sydney, 245.
Wyndham, George
address of, to Victoria, H.M. Queen, 327.
petition from, soliciting secondary land
grant, 637, 63S.
lort by Gipps, Sir G., re claims of, to
land grant, 637.
Yass
appointment of police magistrate at, 117.
Ycung, Adolphus
resignation of, as third police magistrate,
365, 366.
Young, James
address of, to Victoria, H.M. Queen, 327.
Young, Thomas
evidence of, at trial of Hammond, H., 355.
Sydney : Alfred James Kent, Government Printer.— 1923.
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